Is Technology Making Birth Defect Legal Better Or Worse

Birth Defect Litigation

Parents want perfect children however, there are some injuries that occur outside of their control. If these injuries require special medical attention and expensive procedures, it could result in huge costs for families.

A New York birth defect attorney can assist parents who are grieving and file an action to receive compensation for future expenses. The law has strict time limitations on when a claim may be filed.

Statute of Limitations

Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries do occur. If they're preventable, families must explore their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases may involve mistakes made by nurses or doctors at any point in the labor and birth processes. Medical professionals can also be guilty of malpractice following the Birth defect lawsuit of a baby in the event that they fail to provide appropriate treatment.

Generally speaking, the time-limit for these cases is generally 2.5 years from when the act was committed of medical malpractice. For infants, the time can be extended. However, it is essential to seek legal counsel immediately to ensure that all evidence is obtained and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of a baby for birth defects caused by improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defects lawyers can look into these claims and pursue them on behalf of the family.

Parents should think about the following aspects when choosing an attorney to represent them in a lawsuit for birth defects or Birth defect lawsuit injuries:

Medical Malpractice

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

Medical professionals or doctors could be accused of malpractice when they cause birth defects by their actions or inaction. These cases typically are based on medical negligence during labor or delivery. However, they can also comprise any act or failure to act that is in violation of the medical standard of care, like failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One instance of case is a medication called teratogens. It can cause birth defects that are serious. When pregnant, doctors usually advise women to avoid taking this medication, which is utilized in the treatment of seizures. If women are exposed to the drug, it is recommended that she submit a claim.

It is crucial to select an attorney who has experience in handling these types of cases. Find a firm that is specialized in this field and operates on an on a contingency basis, meaning there is no cost unless you get the case won. Also, search for a lawyer with strong negotiation and communication skills. This will help ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, which require costly medical care and accommodations for the child. Most of the time, these issues are genetically inherited, but some can be caused by chemical or environmental exposure, or the medications the mother took during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and inform the public of any potential dangers. Unfortunately, some pharmaceutical companies are not keeping up with the latest research or fail to anticipate possible side effects. Additionally, doctors can prescribe dangerous medicines to their patients, and some women do not receive adequate information on the risks of taking certain medications during pregnancy. These drugs are referred to as teratogens, and they could cause birth defects in the fetus, including spina bifida.

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

If you are filing lawsuits against the people that are accountable for your child's health, it is important to gather the most evidence you can. This includes blood tests, ultrasound images and medical bills that arose due to the birth defect. This assists the attorney in determining the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful moments in a woman's life. It's also a time where medical professionals can make mistakes that lead to birth defects. An experienced attorney can help parents in submitting a claim and obtaining the compensation they deserve against those responsible for the handicap of their child.

Although the causes of birth defects are generally unknown to medical professionals however, a significant proportion can be attributed with exposure to chemicals or the environment. This could include exposure of parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.

In addition, the manufacturer and those who prescribe prescription medications must inform people of their risks. A large portion of these drugs are offered to women who are pregnant without warnings about the possibility of birth defect. 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 chemical and pharmaceutical companies. He concentrates his practice on cases involving the occurrence of birth defects caused by parental exposure to toxic chemicals such as those in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C. and Suffolk University Law School.