What Freud Can Teach Us About Birth Defect Legal

Birth Defect Litigation

Parents want their children to be perfect, but some injuries happen outside of their control. When injuries require specialized treatment and expensive procedures, it could result in huge costs for families.

A New York birth defect attorney can assist parents who are grieving and file a claim to get compensation for future expenses. The law has strict time limits on when a claim may be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks associated with childbirth and pregnancy. However birth defects and injuries do occur. If they can be prevented, families must explore their legal options.

Many birth defect suits are stemming from allegations of medical malpractice that occurred. These cases may involve mistakes made by nurses or doctors at any time during the birth, labor and delivery procedures. Additionally medical professionals may be guilty of medical malpractice after the birth of a child, if they fail to provide the proper treatment.

Generally, the time-limit for these cases is 2.5 years from the date of the act of medical negligence. For infants, this time is sometimes extended. However, it is essential to seek legal counsel as soon as possible to ensure that all evidence is collected and that a timely claim can be filed.

In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defect lawsuit defects caused by wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

Parents should consider the following qualities when selecting an attorney to represent them in a lawsuit involving birth defects or birth injuries:

Medical Malpractice

Birth defects can result in numerous physical or mental problems. Some birth defects can cause death. Some of these issues could be genetic while others are caused by exposure to environmental factors or prescription medications used during pregnancy.

A medical professional or doctor may be accused of negligence if they cause birth defects through their actions or inaction. The most common cases involve medical negligence during labor or delivery. They also encompass any act of failure to act which falls below a standard of medical treatment, for instance failing to recognize an illness or prescribing the wrong medication during pregnancy.

One such type of situation is a drug called teratogens, which can cause serious birth defects. In the course of pregnancy, doctors generally advise women to stay clear of this medication, which is utilized in the treatment of seizures. If a pregnant woman is exposed to this drug, she should submit a claim.

It is essential to choose an attorney with previous experience in these cases. You should seek out a firm with expertise in this area and is based on contingency, meaning that you won't have to pay anything until you are successful. Find an attorney who has an excellent ability to communicate and negotiate. This will ensure that you make your claim in time before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, birth defects which require expensive medical care and accommodations for the child. These issues are often caused by genetics, but can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Pharmaceutical companies are required to ensure that their products are tested properly and warn the public of the potential dangers. Unfortunately, some pharmaceutical companies fail to keep up to date with the latest research or fail to anticipate possible side effects. Some doctors recommend dangerous drugs to their patients. Some women are not informed about the risks of taking certain medications during pregnancy. These are known as teratogens and can cause birth defects in the fetus, including spina bifida.

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

It is crucial to collect as the evidence you can before filing a lawsuit against the parties accountable. This includes ultrasound images, blood tests and medical bills incurred as a result of the birth defect. This allows the attorney to determine the value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking times in a woman's life. But it's also a time when medical professionals can make mistakes that can lead to birth defects. An experienced attorney can help parents make a claim against those responsible for their child's disability and get the proper compensation they're entitled to.

While the causes of birth defects are typically unknown to medical professionals but a large proportion of birth defects can be linked to exposure to chemicals or environmental factors. This can include parental exposure to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.

The pharmaceutical companies and those who prescribe medicines are also obliged to warn 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 proper warnings about the potential for birth defects. This is particularly relevant for birth defects antidepressants like 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 focuses his practice on cases involving the occurrence of birth defects that result from exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing as well as agriculture. He graduated from the American University in Washington, D.C., and Suffolk University Law School.