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How to File a Birth Defect Lawsuit Modern technology and medicine have dramatically reduced the risk of childbirth. But, a birth defect or injury still happens frequently. A birth defect lawsuit seeks to pay your child's medical expenses, educational costs and other losses. You must prove that the medical professional in question breached the standard of treatment during or prior to the pregnancy or birth. Damages Pregnancy can be one of the most exciting yet nerve-wracking events during the lifetime of a parent. Parents want their children to be perfect, and doctors do their best to avoid birth defects. birth defect law firm irving and inattention can increase the risk of birth defects and injuries. Families who are shocked by this incident should think about taking legal action to remedy a birth defect. A successful birth defect suit can result in damages for a variety of different things. This can include the pain and suffering and loss of consortium, medical expenses, and loss of earning capacity. The amount of the damages a victim is awarded will depend on the severity of their child's illness and the extent that it has affected with their life quality. Birth injuries and birth defects can be caused by a number of causes that include exposure to environmental factors. Research has shown that certain chemicals such as pesticides, fungicides, lead, paints and heavy metals can increase the risk of birth defects. Birth defect lawyers have filed lawsuits against companies who exposed workers to harmful chemicals as well as pharmaceutical companies that produce drugs like DES that can cause birth defects in fetuses. If you suspect that medical malpractice caused your child's birth injury or birth defect, you should seek out a birth defect lawyer immediately. In certain states, you have only one year to file a lawsuit claiming medical malpractice. If you put off filing a lawsuit for a longer period and you don't, your child will not receive the justice they deserve. Statute of Limitations A statute of limitation is a law that defines the deadline for a person to file a civil lawsuit. If a person misses the deadline, they will lose their right to seek damages from a defendant. Birth injury cases may have more complicated statutes of limitations than other types of medical malpractice claims. A lawsuit is typically brought against the hospital or doctor who caused injury to the patient during labor and birth. These types of cases are typically referred to as birthing injury lawsuits or wrongful birth suits, however Florida's laws permit parents to bring a medical malpractice lawsuit for the death of an infant. In order to prove medical malpractice, the victim must prove that the doctor responsible did not follow the standards of care and consideration expected by another health healthcare provider in similar situations. This includes failing to diagnose an illness that is serious, such as low levels of oxygen in the childbirth process that cause cerebral palsy or brain damage. The first step in filing a birth defect lawsuit is to contact an experienced attorney. Most attorneys offer free consultations and case reviews for potential clients. If the attorney is convinced that a client has a valid claim, they will examine medical records and appoint expert witnesses to assess them. They will also assist in preparing documents and file the medical malpractice lawsuit on time. Expert Witnesses In a birth injury case it is crucial to have experts who can explain medical procedures and practices before a jury. However, expert witnesses can be difficult to work with since they must scrutinize huge quantities of information and be able to make decisions based on the facts rather than their opinions. They also have to be willing to testify on facts which may contradict their opinions. In the Daubert case the plaintiffs' experts suggested that Bendectin was the cause of their child's birth defects. The judge found that the evidence was on the “cutting edge of research in science, where reality is matched by theory, and certainty turns into probabilities.” However, the judge did not believe that there was sufficient evidence to support the claim that Bendectin doubled a baby's risk of developing birth defects. The Daubert ruling was a setback for plaintiffs, who had suing pharmaceutical companies to try and achieve justice. There are many avenues for an injured party to bring a lawsuit based on the birth defect. A Philadelphia birth defect lawyer can assist those suffering from birth defects to determine whether they're eligible for a claim. Lawyers can determine if the plaintiff is able to pursue a lawsuit by themselves or as part of an action class. In some cases, an attorney can start a lawsuit for birth injuries as part a multidistrict lawsuit. To begin complete the form here for an initial consultation for free and confidential with a licensed lawyer. Representation Modern technology and recent advances in medicine may have decreased the chance of complications arising during pregnancy and childbirth but they are not completely eliminated. Parents can seek legal action if a birth defect or birth injury occurs, and the cause could have been prevented. Medical negligence cases typically stem from a doctor's failure to recognize or treat a condition. A physician may not perform an ultrasound or make a mistake during surgery, leading to a birth defect such as spina bifida. Other common causes of birth defect lawsuits include improper medication for the mother or exposure to chemicals or other environmental dangers while the baby is developing in the womb. A birth defect can affect any part of the body of a baby and affect their health, functioning and appearance. In some cases birth defects can significantly diminish a baby's life expectancy or lead to significant medical costs. If you suspect your child's birth defect or injury is the result of negligence or medical malpractice during labor or pregnancy consult a certified birth defect lawyer today. A lawyer can assist you determine your options and file a claim before the statute of limitations expires. A lawyer may also be able to negotiate settlements on your behalf with the responsible parties for your infant's injury.