Are The Advances In Technology Making Birth Defect Legal Better Or Worse

Birth Defect Litigation

Some injuries are out of the parents in their control. When these injuries require special medical attention and expensive procedures, it can cause families to be faced with massive costs.

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

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries do occur. Families need to explore their legal options when they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve errors made by doctors or nurses at any point in the birth, labor and delivery processes. Medical professionals can also be negligent following the birth of a baby by failing to provide the correct treatment.

Generally speaking, the time-limit for these cases is generally 2.5 years from the date of the incident of medical negligence. For infants, this time period may be extended. However, it is important to seek legal advice early enough to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of an infant for birth defects resulting from improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defects lawyers can investigate these claims and pursue them on behalf of the family.

When choosing an attorney for a birth injury or defect lawsuit parents should consider the following characteristics:

Medical Malpractice

birth defect law firm defects can result in many mental or physical ailments. Certain birth defects could cause death. Certain of these problems could be genetic while others are triggered through exposure to the environment or prescription medications used during pregnancy.

A medical professional or doctor may be accused of negligence in the event of causing a birth defect through their actions or inaction. These cases usually involve medical negligence during labor or delivery. However, they can be a result of any action or failure to act that is in violation of the medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One example involves Teratogens. These medications can cause birth defects that are serious. During pregnancy, doctors usually advise women to not take this medication, which is commonly used in the treatment of seizures. If an individual is exposed to the drug, birth defect lawsuit then she should submit a claim.

It is crucial to select an attorney who has experience in these types of cases. Find a law firm that is specialized in this area and works on the basis of a contingent fee, which means there is no cost unless you are successful. Also, search for a lawyer with strong negotiation and communication abilities. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

A variety of birth defects cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. The majority of these problems are genetic, however some of them are caused by chemical or environmental exposure, or medications that the mother took while pregnant.

Drug manufacturers are required to test their products thoroughly and warn consumers about any risks. Unfortunately some pharmaceutical companies fail to keep up-to-date with current research or fail to anticipate potential adverse consequences. In addition, doctors can prescribe dangerous medications to their patients and some women do not get proper information about the risks associated with taking certain medications during pregnancy. These are known as teratogens and can cause birth defects within the fetus, such as spina bifida.

Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury that can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and other substances that affect their reproductive health and cause birth defects.

If you are filing a lawsuit against the parties accountable for your child's condition it is crucial to gather as much evidence as possible. This includes any ultrasound images, blood tests, and medical bills incurred due to the Birth Defect Lawsuit defect. This information helps the attorney to determine the worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. It's also a time where medical professionals often make mistakes that can cause birth defects. A top attorney can assist parents in submitting a claim and obtaining the amount they deserve from those who are responsible for the impairment of their child.

Although the causes of birth defects are usually unknown to medical experts however, many of them are linked to exposure to chemicals or environmental factors. This could include contact from parents with toxic chemicals at the workplace, for example glycol ethers and solvents that are used in semiconductor manufacturing, and agricultural chemicals for pesticides and spraying of crops.

Additionally, the manufacturers and those who prescribe prescription medications have a responsibility to warn people about the risks. A large number of these drugs are offered to pregnant women without warnings of the potential for 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. His practice is centered around cases where birth defects are caused by exposure to toxic chemicals by parents such as those used in the manufacture of semiconductors or in agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.