14 Common Misconceptions About Birth Defect Legal

Birth Defect Litigation

Some injuries are out of the parents or their control. When these injuries require special care and costly procedures, it could leave families with huge expenses.

A New York birth defect lawyer can assist parents in filing a claim and get compensation to cover future costs. However, the law imposes strict deadlines on when a claim needs to be filed.

Statute of Limitations

Modern technology and medical advancements have helped reduce the risks associated with childbirth and pregnancy. However, birth defect law firm defects and injuries can still occur. Families should consider their legal options when they are preventable.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases can involve mistakes made by nurses or doctors staff at any time during pregnancy, labor and birth. Additionally, medical professionals can commit medical malpractice after a child's birth if they fail to provide proper treatment.

In general the statute of limitation for these cases are 2.5 years after the date of the medical malpractice. For infants this is sometimes extended. It is essential to speak with an attorney as soon as you can 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 to claim birth defects that are caused by chemical and toxic exposures during the pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

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

Medical Malpractice

Birth defects can lead to a variety of mental and physical problems. Some of them can be fatal. Some of these issues could be genetic, while others are caused by exposure to environmental factors or prescription medications used during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects as a result of their actions or inaction. Most cases involve medical negligence during labor or delivery. However, they can comprise any act or failure to act that falls short of the medical standard of care, like failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One instance of situation involves a drug called teratogens. This medication can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug then she should submit an insurance claim.

It is important to choose an attorney with experience handling these types of cases. Find a firm that specializes in this field and operates on an on a contingency basis, meaning there is no cost unless you win. Additionally, you should choose a lawyer who has excellent negotiation and communication abilities. This will ensure that you file your claim before the statute of limitations 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 may be caused by chemical or environmental exposure, or the medications the mother was taking during pregnancy.

Pharmaceutical manufacturers are required to test their products correctly and inform the public of the potential dangers. Unfortunately some pharmaceutical companies do not keep up-to-date with current research or fail to anticipate potential side effects. Moreover, doctors may prescribe dangerous drugs to their patients, and some women do not receive the correct information regarding the risks associated with taking certain medications during pregnancy. These medications, also known as teratogens may cause birth defects, like spina-bifida, which is a birth defect in the fe.

Other substances that could cause birth defects are chemicals used in manufacturing and agriculture in addition to heavy metals, like mercury, which are contaminating the air or groundwater. Diane Paolicelli's legal profession has been dedicated to fighting powerful corporations who expose women to harmful chemicals and substances that may damage their reproductive health or lead to birth defects.

It is crucial to gather as all evidence you can prior to filing a suit against the parties accountable. This includes any ultrasound scans, blood tests and medical bills that arose due to the birth defect. This helps the attorney establish the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, and anxiety-inducing experiences in women's lives. It's also the time when medical professionals make mistakes that can lead to birth defects. A top lawyer can help parents make a claim against those responsible for their child's condition and get the justice they deserve.

Medical experts aren't always able of determining the causes of birth defects, however the majority of them can be attributable to environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in pesticides and crop spraying.

Manufacturers and those who prescribe medications are also required to inform the public about the risks. Yet, a large percentage of these drugs are marketed off-label to women who are pregnant age without warnings regarding the risk of birth defects. This is especially true for antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuit defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases where birth defects are caused by parental exposure to toxic chemical, such as those used in semiconductor manufacturing or agricultural. He graduated of the American University in Washington, D.C. and Suffolk University Law School.