The Advanced Guide To Birth Defect Legal

Birth Defect Litigation

Some injuries are out of the parents or their control. Families could be faced with huge debts when these injuries require expensive procedures and special care.

A New York birth defect attorney can help parents shocked to file an appeal to be compensated for future expenses. However, the law puts strict time limitations on when a claim needs to be filed.

Statute of limitations

Modern medical technology and advancements in medical science have made it possible to reduce the risks related to pregnancy, childbirth and birth. However birth defects and injuries do occur. Families must consider their legal options if they can be prevented.

Many birth defect suits are based on allegations of medical malpractice that occurred. These cases could involve mistakes committed by nurses or doctors personnel at any stage of the birth process, including labor and pregnancy. In addition medical professionals may be guilty of medical malpractice after the birth of a child, by failing to provide proper treatment.

In general the statute of limitation for these cases are 2.5 years from the date of the medical mistake. For infants this period can be extended. However, it is important to seek legal counsel as soon as you can to ensure that all evidence is collected and that a timely claim be filed.

A lawsuit can be filed on behalf of a child for birth defects caused by chemical and toxic exposures during pregnancy. Specially trained birth defects lawyers can look into 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 be looking for the following qualities:

Medical Malpractice

Birth defects can trigger a wide range of mental or physical issues. Some of them could be fatal. Certain of these problems could be caused by genetics while others are triggered by exposure to environmental factors or prescription drugs used during pregnancy.

A medical professional or doctor may be accused of negligence if they cause a birth defect through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. They can also include any do something that is below the standard of medical care, for example not diagnosing an illness or birth defect prescribing incorrect medication during pregnancy.

One such type of situation is a drug called teratogens. It can cause birth defects that are serious. When pregnant, doctors usually recommend women not to take this medication, which is used in the treatment of seizures. If a woman is exposed to the drug, it is recommended that she file an action.

It is important to select an attorney who has handled these types of cases. Look for a law firm that is specialized in this field and operates on an hourly basis, which means you won't have to pay a dime unless you win. Look for an attorney who has excellent communication and negotiation skills. This will help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects lead to physical or mental disabilities, that require expensive medical treatment and accommodations for the child. Most of the time, these issues are genetic, but some of them may be caused by chemical or environmental exposure, or by medications the mother took while pregnant.

Pharmaceutical companies are required to ensure that their products are tested properly and inform the public about the potential dangers. Unfortunately some pharmaceutical companies fail to keep up with research or anticipate the potential adverse consequences. Some doctors prescribe dangerous drugs to their patients. Some women are not informed about the risks of taking certain medications while pregnant. These drugs are referred to as teratogens. They can cause birth defects within the fetus. This includes spina Bifida.

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

If you are filing a lawsuit against the parties accountable for your child's condition it is crucial to gather the most evidence you can. Included in this are ultrasound images as well as blood tests and medical bills that are incurred as a result. This information assists the attorney assess the worth of the case.

Product Liability

Pregnancy is among the most exciting and anxiety-inducing experiences in the life of a woman. It's also the time that many medical professionals can make mistakes that can lead to birth defects. A top attorney can help parents to file a claim against the medical professionals responsible for their child's condition and receive the justice they deserve.

Medical experts aren't always able to determine the causes of birth defects, but most of them can be attributable to environmental or chemical exposure. This can include parental exposure to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for birth defect spraying for crops and pesticides.

In addition, the manufacturer and those who prescribe prescription drugs have a responsibility to warn consumers of the dangers. However, a significant portion of these drugs are offered off-label for women of childbearing age without warnings regarding the risk 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 chemical and pharmaceutical companies. He concentrates his practice on cases that involve the occurrence of birth defects that result from exposure of parents to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.