The Advanced Guide To Birth Defect Legal

Birth Defect Litigation

Parents want perfect babies, but some injuries happen beyond their control. If injuries that result from these accidents require special treatment and costly procedures, it could cause families to incur huge costs.

A New York birth defect attorney can assist parents shocked to file claims to obtain compensation for future expenses. However, the law places strict deadlines for the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advancements have made it possible to reduce the risks associated with pregnancy, childbirth and birth. However, birth defects and injuries can still occur. Families need to explore their legal options when they are preventable.

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors personnel at any stage of labor, birth and pregnancy. Medical professionals may also be guilty of malpractice following the birth of a child in the event that they fail to provide appropriate treatment.

In general the statute of limitations in these cases is 2.5 years from the date of the medical error. For infants this can be extended. It is important to consult an attorney whenever you can to ensure that all the evidence is collected and that a timely complaint be filed.

In addition to medical malpractice, a suit could also be filed on behalf of an infant for birth defects caused by improper toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate the claims and then prosecute them on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit parents should consider the following characteristics:

Medical Malpractice

Birth defects can cause a variety of mental and physical issues. Some birth defect law firm defects can cause death. Some of these issues may be caused by genetics while others are triggered by environmental exposures or prescription medications taken during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects due to their actions or inaction. Most cases involve medical negligence during labor or delivery. They also encompass any act of failure to be in compliance with a standard of medical care, such as the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of this type of case involves a medication called teratogens. It can cause birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should make an insurance claim.

It is essential to select an attorney who has handled these types of cases. Choose a law firm that is experienced in this area and operates on an on a contingency basis, meaning you won't have to pay a dime unless you get the case won. Additionally, you should choose an attorney with excellent negotiation and communication skills. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, which require costly medical care and accommodations for the child. Often, these conditions are inherited, but a few can be caused by environmental or chemical exposure, or medications that the mother was taking during pregnancy.

Drug manufacturers are required to test their products thoroughly and inform the public about the potential dangers. Unfortunately certain pharmaceutical companies fail to keep up with the latest research or foresee potential side effects. Certain doctors prescribe dangerous medications to their patients. Some women are not aware of the risks of taking certain drugs while pregnant. These drugs, referred to as teratogens can cause birth defects, like spina-bifida, which is a birth defect in the fe.

Other substances that could cause birth defects are the chemicals used in the manufacturing and Firm agricultural industries, as well as heavy metals like mercury that affect groundwater or the air. Diane Paolicelli's legal career is dedicated to combating powerful corporations that expose women to toxic substances and chemicals that can affect their reproductive health or lead to birth defects.

It is crucial to gather as the evidence you can before filing a lawsuit against the party responsible. This includes ultrasound images, blood tests and medical bills that came up as a result of the birth defect. This allows the attorney to determine the monetary worth of the case.

Product Liability

Pregnancy can be one of the most exciting, and stressful experiences in the life of a woman. It's also the time when many medical professionals can make mistakes that lead to birth defects. A top lawyer can assist parents in submitting an action and obtaining the amount they deserve from the people responsible for the disabilities of their child.

Medical experts are not always able of determining the root of birth defects, but many of them can be attributed to chemical or environmental exposure. This can include parental contact with toxic chemicals in the workplace, for example solvents and glycol ethers used in semiconductor manufacturing, as well as agricultural chemicals for pesticides and spraying of crops.

Manufacturers and those who prescribe medications also have a duty to inform the public about the dangers of their products. However, a significant portion of these medications are sold off-label to women who are pregnant age without warnings regarding the possibility of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects are caused by exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing or agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.