7 Things About Birth Defect Legal You ll Kick Yourself For Not Knowing

Birth Defect Litigation

Certain injuries are beyond the parents or their control. When these injuries require special treatment and expensive procedures, it could cause families to be faced with massive costs.

A New York birth defect attorney can assist parents who are grieving and file claims to obtain compensation for future expenses. However, the law imposes strict time limitations on the time a claim has to be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks of childbirth and pregnancy. Birth defects and injuries do persist. If they're preventable, families need to explore their legal options.

Many birth defect suits are founded on allegations of medical malpractice that occurred. These cases may involve errors made by doctors or nursing staff at any stage of labor, pregnancy and birth. Medical professionals may also be negligent following the birth of a child when they fail to provide the proper treatment.

Generally, the time limit for these cases is 2.5 years from the date of the occurrence of medical negligence. This time period can be extended for infants. It is crucial to consult a lawyer early enough to ensure that all evidence is collected, and that a timely complaint can be filed.

A lawsuit can be filed on behalf of a child in relation to birth defects that are caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

Parents should take into consideration the following characteristics when choosing an attorney to represent them in a suit for birth defects or birth injuries:

Medical Malpractice

Birth defects can cause various physical and mental problems. Some of them may even be fatal. Some of these issues could be genetic while others are caused through exposure to the environment or prescription medications taken during pregnancy.

A doctor or medical professional could be accused of malpractice in the event of causing birth defects due to their actions or inaction. These cases usually are based on medical negligence during delivery or labor. However, they can include any act or inability to act that is not in the range of the medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One such type of situation is a drug called teratogens, which can cause birth defects that are serious. In the course of pregnancy, doctors generally advise women to avoid taking this medication, birth defect attorney which is utilized in the treatment of seizures. If a woman who is pregnant is exposed to this medication, she must submit an insurance claim.

It is crucial to choose an attorney with prior experience in these types of cases. Look for a law firm that is experienced in this area, and works on the basis of a contingent fee, which means you don't have to pay any fees unless you get the case won. Also, you should look for an attorney who has strong communication and negotiation skills. This will ensure that you file your claim before the time limit expires.

Prescription Drugs

A variety of birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. The majority of these problems are genetically inherited, but some of them may be caused by environmental or chemical exposure, or medications that the mother was taking during pregnancy.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and inform consumers of any potential risks. Unfortunately some pharmaceutical companies fail to keep up with research or anticipate possible side effects. Some doctors prescribe dangerous drugs to their patients. Some women are not informed about the dangers associated with using certain drugs during pregnancy. These drugs, referred to as teratogens may cause birth defects, such as spina-bifida that can occur in the fetus.

Other substances that can cause birth defects include chemicals employed in the production and agricultural industries, as well as heavy metals, like mercury that are contaminating groundwater and air. Diane Paolicelli's legal profession has been dedicated to fighting powerful corporations that expose women to harmful chemicals and substances that may cause harm to their reproductive health and lead to birth defects.

When bringing lawsuits against the parties who are responsible for your child's illness it is essential to gather the most evidence you can. This includes ultrasound images, blood tests, and medical bills incurred as a result of the birth defect. This information assists the attorney assess the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxiety-inducing experiences in a woman's lifetime. However, it's also a time where many medical professionals make mistakes that can cause birth defects. A reputable attorney can assist parents in filing a claim and obtaining the amount they deserve from the people responsible for the disabilities of their child.

While the causes of birth defects are generally unknown to medical experts, a significant number can be linked to exposure to chemicals or environmental factors. This may include contact by parents with toxic chemicals in the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing as well as chemical pesticides used in agriculture and spraying on crops.

Furthermore, manufacturers and the people who prescribe prescription medications have a responsibility to inform consumers of the dangers. A large number of these drugs is marketed to women who are pregnant without warnings about the possibility of birth defects. This is especially 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. He focuses his practice on cases involving the occurrence birth defects due to exposure of parents to toxic chemicals, including those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.