The Advanced Guide To Birth Defect Legal

Birth Defect Litigation

Some injuries are beyond the parents or their control. Families could be faced with huge bills when these injuries require expensive procedures and specialized care.

A New York birth defect attorney can help parents who are grieving and file an appeal to be compensated for future expenses. The law has strict time limitations for birth defects when claims can be filed.

Statute of Limitations

Modern technology and medical advancements have aided in reducing the risks associated with pregnancy, childbirth and birth defect lawyer. However, birth defects and injuries continue to occur. Families must consider their legal options when they are preventable.

Many birth defect suits are made on the basis of allegations that medical malpractice occurred. These cases can involve mistakes made by nurses or doctors staff at any stage of labor, birth and pregnancy. In addition, medical professionals can commit medical malpractice after the birth of a child in the event that they fail to provide the correct treatment.

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

In addition to medical malpractice, a suit can also be filed on behalf of a baby for birth defects that result from wrongful toxic and chemical exposures that occur during the 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 aspects when choosing an attorney to represent their interests in a lawsuit filed for birth injury or defect:

Medical Malpractice

Birth defects can lead to many mental or physical problems. Some birth defects can cause death. Some of these issues may be caused by genetics, 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 in the event of causing birth defects through their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they may also include any act or inability to act in excess of the medical standard of care, like not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One instance of case involves a medication called teratogens. It can cause serious birth defects. Doctors generally 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 submit an insurance claim.

It is important to choose an attorney who has handled these types of cases. Find a law firm that specializes in this field and operates on the basis of a contingent fee, which means you don't pay anything unless you win. Also, look for a lawyer who has excellent negotiation and communication abilities. This will help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require expensive medical treatment and accommodations for the child. Most often, these disorders are inherited, but a few of them may be caused by chemical or environmental exposure or medication that the mother consumed during pregnancy.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and warn the public of the potential dangers. Sadly many pharmaceutical companies do not keep up with the latest research or anticipate possible side effects. Moreover, doctors may prescribe dangerous drugs to patients and some women do not have adequate information about the risks of taking certain drugs during pregnancy. These medications are referred to as teratogens and can cause birth defects in the fetus, including spina Bifida.

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

If you are filing an action against the parties that are accountable for your child's health it is essential to gather as much evidence as you can. This includes ultrasound scans, blood tests, and medical bills that arise because of the birth defect. This will help the attorney determine the financial value of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxious experiences of a woman's lifetime. However, it's also a time when medical professionals can make mistakes that can lead to birth defects. A top lawyer can assist parents in filing a claim and obtaining the compensation they deserve against the people responsible for the disabilities of their child.

While the causes of birth defects are typically unknown to medical experts but a large proportion of birth defects can be attributed with exposure to chemicals or the environment. This can include parental contact with toxic chemicals at the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing, and agricultural chemicals for pesticides and spraying crops.

Manufacturers and those who prescribe medications must also warn the public about the dangers of their products. Yet, a large percentage of these medications are sold off-label for women of childbearing age without adequate warnings about the risk of birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. His practice focuses on cases that involve the occurrence of birth defects that result from parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.