14 Common Misconceptions Concerning Birth Defect Legal

Birth Defect Litigation

Parents want their children to be perfect, but some injuries happen beyond their control. Families are left with a large bill when injuries require expensive procedures and specialized care.

A New York birth defect attorney can assist parents shocked to file claims to obtain compensation for future expenses. The law has strict deadlines on when claims can be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks associated with pregnancy and childbirth. birth defect lawsuit defects and injuries remain a possibility. Families should consider their legal options when they can be prevented.

Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors personnel at any stage of pregnancy, labor and birth. Medical professionals may also be negligent after the birth of a child if they fail provide proper treatment.

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

In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

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

Medical Malpractice

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

A medical professional or doctor could be accused of misconduct if they cause a birth defect through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. However, they can also include any act or inability to act in excess of the medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One of these cases involves the teratogens. These medications can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug, then she must make an action.

It is essential to select an attorney who has handled these types of cases. You should choose an attorney who has expertise in this area and operates on contingency basis, which means you won't be charged anything until you are successful. Also, you should look for a lawyer with strong communication and negotiation abilities. This will help ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

Many birth defects can cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. These disorders are usually genetic, but they can also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.

Drug manufacturers have an obligation to ensure that their products are tested properly and inform consumers of any risks. Unfortunately, some pharmaceutical companies don't keep up-to-date with current research or fail to anticipate possible side effects. Certain doctors prescribe dangerous drugs to their patients. Moreover, some women are not informed about the dangers associated with taking certain drugs while pregnant. These drugs, known as teratogens, can cause birth defects, including spina-bifida in the fetus.

Other substances that can cause birth defects include chemicals used in agriculture and manufacturing, as well as heavy metals like mercury that are contaminating groundwater or air. Diane Paolicelli's legal career is focused on fighting powerful corporations who expose women to harmful chemicals and substances that could harm their reproductive health or cause birth defects.

It is essential to gather as much evidence as you can prior to filing a suit against the party responsible. This includes any blood tests, ultrasound images, and medical bills that came up due to the birth defect. This allows the attorney to determine the monetary value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. However, it's also a time where many medical professionals make mistakes that could lead to birth defects. A top lawyer can help parents bring a lawsuit against those responsible for their child's condition and get the compensation they deserve.

Medical experts are not always able to pinpoint the root of birth defects, however most of them can be attributed to chemical or environmental exposure. This can include parental contact with toxic chemicals in the workplace, for example glycol ethers and solvents that are used in semiconductor manufacturing, and agricultural chemicals for pesticides and crop spraying.

Manufacturers and those who prescribe medication also have a duty to inform people about the dangers. A significant portion of these drugs is marketed to women who are expecting without warnings of the potential for birth defect. This is especially applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects are caused by exposure of parents to toxic chemicals such as those that are used in semiconductor manufacturing or farming. He is a graduate of the American University in Washington, D.C. and Suffolk University Law School.