Indisputable Proof Of The Need For Birth Defect Legal

Birth Defect Litigation

Parents want perfect children, but some injuries happen outside of their control. If these injuries require special treatment and costly procedures, it can leave families with huge expenses.

A New York birth defect lawyer can help stunned parents file an action and receive compensation to cover the cost of future expenses. However, the law places strict time limitations on the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries can still occur. If they're preventable, families need to explore their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors personnel at any stage of the birth process, including labor and pregnancy. In addition medical professionals can be guilty of medical malpractice after the birth defect attorneys of a child, if they fail to provide proper care.

Generally speaking, the time-limit for these cases is 2.5 years from the date of the act of medical negligence. For infants, this time is sometimes extended. It is essential to speak with a lawyer immediately to ensure that all evidence is collected and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

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

Medical Malpractice

Birth defects can result in an array of mental or physical problems. Some birth defects can cause death. Some of these issues could be genetic and others may be caused by environmental exposures or prescription drugs taken during pregnancy.

A medical professional or doctor could be convicted of malpractice when they cause birth defects through their actions or inaction. The most common cases involve medical negligence during labor or delivery. 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 condition or prescribing the wrong medication during pregnancy.

One example of this type of case involves a medication called teratogens. This medication can cause serious birth defects. During pregnancy, doctors usually advise women to stay clear of this medication, which is commonly used in the treatment of seizures. If a pregnant woman is exposed to this medication, she must submit a claim.

It is vital to choose an attorney with experience in these types of cases. You should seek out a firm that has experience in this field and works on contingency, so you don't have to pay any fees until you win. Look for an attorney with outstanding negotiation and communication skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to test their products thoroughly and warn consumers of any risks. Unfortunately, some pharmaceutical companies are not keeping up-to-date with the latest research or fail to anticipate potential side effects. Certain doctors prescribe dangerous drugs to their patients and some women aren't aware of the dangers associated with taking certain medications during pregnancy. These are known as teratogens, and they can cause birth defects in the fetus, such as spina bifida.

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

It is important to collect as many evidences as you can prior to making a claim against the responsible parties. Included in this are any ultrasound images, blood tests, and medical bills that are incurred as a result. This will help the attorney determine the monetary value of the case.

Product Liability

Pregnancy can be one of the most exciting and stressful experiences in a woman's lifetime. However, it's also a time where medical professionals often make mistakes that could cause birth defects. A top attorney can help parents make a claim against those who are responsible for their child's disabilities and acquire the justice they deserve.

While the causes of birth defects are often unknown to medical experts but a large proportion of birth defects are linked with exposure to chemicals or the environment. This could be due to contact by parents with toxic chemicals in the workplace, like glycol ethers and solvents used in semiconductor manufacturing as well as agricultural chemicals used for pesticides and crop spraying.

The pharmaceutical companies and those who prescribe medication are also required to inform the public about their risks. However, a significant portion of these medications are sold off-label for women of childbearing age, without warnings about the risk of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

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