This Is The Advanced Guide To Birth Defect Legal

Birth Defect Litigation

Some injuries are beyond the parents of their control. Families may be left with huge bills when these injuries require costly procedures and special attention.

A New York birth defect lawyer can assist parents who are shocked to file a claim and get compensation to cover future expenses. However, the law has strict deadlines when a claim needs to be filed.

Statute of limitations

Modern technology and medical advancements have made it possible to reduce the risks that are associated with childbirth, pregnancy and birth. However, birth defects and injuries continue to occur. Families must consider their legal options if they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing staff at any point during the birth process, including labor and pregnancy. Medical professionals may also be negligent after the birth of a child when they fail to provide the proper treatment.

In general the statute of limitations in these cases are 2.5 years after the date of the medical mistake. This time period can be extended for infants. It is essential to speak with an attorney early enough to ensure that all evidence is collected and that a timely complaint be filed.

In addition to medical malpractice, a suit can also be brought on behalf of a baby for birth defects that result from wrongful toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

Parents should think about the following factors when choosing an attorney to represent them in a lawsuit for birth defects or injuries:

Medical Malpractice

Birth defects can lead to numerous mental or physical ailments. Some of them could be fatal. Certain of these problems could be genetic while others are caused by exposure to the environment or prescription drugs taken during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defects by their actions or inaction. The majority of these cases are based on medical negligence during delivery or labor. However, they could also be a result of any action or failure to act that is not in the range of a medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example of situation involves a drug called teratogens. It can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug it is recommended that she make a claim.

It is vital to select an attorney with experience in these types of cases. Choose a law firm that has a specialization in this area, and works on an on a contingency basis, meaning you won't have to pay a dime unless you succeed. Look for an attorney with an excellent ability to communicate and negotiate. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities, that require expensive medical treatment and accommodations for the child. These problems are usually genetic, but they may also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and warn consumers of any potential risks. Unfortunately some pharmaceutical companies fail to keep up with the latest research or fail to anticipate potential side effects. Certain doctors prescribe dangerous medications to their patients and some women are not aware of the risks associated with using certain drugs during pregnancy. These drugs, referred to as teratogens, may cause birth defects such as spina-bifida in the fetus.

Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, and heavy metals such as mercury that pollute groundwater and air. Diane Paolicelli's legal career is focused on combating powerful corporations that expose women to harmful chemicals and substances that could damage their reproductive health or cause birth defects.

It is essential to gather as many evidences as you can prior to filing a lawsuit against the responsible parties. Included in this are any ultrasound images as well as blood tests and medical bills incurred due to. This helps the attorney establish the financial worth of the case.

Product Liability

Pregnancy is among the most exciting, yet nerve-wracking experiences in women's lives. However, it's also a time where medical professionals often make mistakes that could lead to birth defects. An experienced attorney can help parents to file a claim against the medical professionals responsible for their child's disability and obtain the justice they deserve.

Medical experts are not always able to pinpoint the exact cause of birth defects, however most of them can be caused by environmental or chemical exposure. This can include parental contact with toxic chemicals at the workplace, like glycol ethers and birth defect Lawyer solvents used in semiconductor manufacturing, as well as chemical pesticides used in agriculture and spraying of crops.

Manufacturers and those who prescribe medicines are also required to warn people about the dangers. Yet, a large percentage of these drugs are marketed off-label to women of childbearing age, without warnings about the potential for birth defects. This is particularly applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. His practice focuses on cases involving the occurrence of birth defects resulting from parental exposure to toxic chemicals, including the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.