14 Common Misconceptions About Birth Defect Legal

Birth Defect Litigation

Parents want perfect babies However, some injuries occur beyond their control. Families could be faced with huge bills when these injuries require costly procedures and special treatment.

A New York birth defect attorney can help parents grieving and file a claim to get compensation for future expenses. However, the law places strict deadlines when a claim should be filed.

Statute of Limitations

Modern medical technology and advancements in medical science have aided in reducing the risks associated with childbirth, pregnancy and birth. However birth defects and injuries continue to occur. If they can be prevented, families must explore their legal options.

Many birth defect suits are founded on allegations of medical malpractice that occurred. These cases could involve mistakes committed by nurses or doctors staff at any time during labor, pregnancy and birth. Medical professionals can also be guilty of malpractice following the birth of a baby when they fail to provide the proper treatment.

In general, the statutes of limitations for these cases are 2.5 years from the date of the medical mistake. For infants this period can be extended. It is important to consult a lawyer early enough to ensure that all evidence is collected and that a timely complaint can be filed.

In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defects that result from wrongful toxic and chemical exposures that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit, parents should look for the following qualities:

Medical Malpractice

Birth defects can trigger an array of mental or physical problems. Some birth defects can be fatal. Some of these issues could be genetic, while others are caused by exposure to environmental factors or prescription medications taken during pregnancy.

A medical professional or doctor could be accused of malpractice if they cause birth defects through their actions or inaction. Most cases involve medical negligence during the birth or labor process. They may also involve any other do something that is below the standard of medical care, such as not diagnosing an illness or prescribing incorrect medication during pregnancy.

One example of situation is a drug called teratogens. This medication can cause serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should make a claim.

It is important that you choose an attorney who has experience in these types of cases. It is best to choose a firm that has years of experience in this field and works on contingency, so you don't have to pay anything until you are successful. Also, search for an attorney who has strong communication and negotiation skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require costly medical treatment and accommodations for the child. Most of the time, these issues are genetic, but some can be caused by environmental or chemical exposure, or by medications the mother took during pregnancy.

Drug manufacturers are required to test their products properly and warn the public of any potential dangers. Unfortunately certain pharmaceutical companies are not keeping up-to-date with the latest research or fail to anticipate possible side effects. Some doctors prescribe dangerous drugs to their patients and some women are not aware of the risks of taking certain medications while pregnant. These are known as teratogens and can cause birth defect law firms defects in the fetus. This includes spina Bifida.

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

It is crucial to collect as all evidence you can before filing a lawsuit against the parties responsible. This includes any ultrasound images, blood tests, and medical bills that arise due to the birth defect. This allows the attorney to determine the value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful events in a woman's lifetime. However, it's also a time when medical professionals can make mistakes that can cause birth defects. An experienced attorney can assist parents bring a lawsuit against those responsible for their child's disability and get the compensation they deserve.

Although the causes of birth defects are generally unknown to medical professionals but a large proportion of birth defects can be linked to exposure to chemicals or Birth Defects environmental causes. This can include parental contact with toxic chemicals at the workplace, such as solvents and glycol ethers used in semiconductor manufacturing as well as agricultural chemicals used for pesticides and spraying on crops.

The pharmaceutical companies and those who prescribe medication are also required to inform the public about their risks. Yet, a large percentage of these medications are sold off-label to women of childbearing age without warnings regarding the risk of birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.

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