7 Things About Birth Defect Legal You ll Kick Yourself For Not Knowing

Birth Defect Litigation

Parents want perfect babies However, some injuries occur outside of their control. When these injuries require special care and costly procedures, it could cause families to be faced with massive costs.

A New York birth defect lawyer can help stunned parents file a claim and get compensation to cover future expenses. However, the law imposes strict deadlines for when a claim needs to be filed.

Statute of Limitations

Modern technology and medical advancements have aided in reducing the risks associated with pregnancy, childbirth and birth. Birth defects and injuries do persist. Families must consider their legal options when they are preventable.

Many birth defect lawsuits are made on the basis of claims of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any time during pregnancy, labor and delivery processes. Medical professionals can also be negligent following the birth 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 the date of the act of medical malpractice. This time frame is extended for infants. It is essential to talk with a lawyer as soon as you can to ensure that all the evidence is gathered, 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 toxic and birth defect lawyers chemical exposures during pregnancy. Specially trained birth defect lawyers (Read More On this page) can investigate and prosecute these claims on behalf of the family.

Parents should consider the following factors when choosing an attorney to represent them in a lawsuit for birth defect or injury:

Medical Malpractice

Birth defects can cause a variety of physical and mental problems. Certain birth defects could cause death. Some of these issues may be caused by genetics and others may be caused through exposure to the environment or prescription drugs used during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause a birth defect through their actions or inaction. These cases are usually caused by medical negligence during delivery or labor. They also encompass any other perform a task that is not within the standard of medical care, such as failing to recognize an illness or prescribing the wrong medication during pregnancy.

One example involves the teratogens. These drugs can result in 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 file an insurance claim.

It is essential to select an attorney with experience handling these types of cases. Find a firm that has a specialization in this area, and works on an on a contingency basis, meaning there is no cost unless you get the case won. Find an attorney who has outstanding negotiation and communication skills. This will ensure that you file your claim before the time for filing 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 inherited, but a few can be caused by environmental or chemical exposure, or medications that the mother consumed during pregnancy.

Drug makers are required to test their products correctly and warn the public of any risks that could be present. Unfortunately, some pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate potential adverse consequences. Furthermore, doctors may prescribe dangerous drugs to their patients as well as some women do not have adequate information about the dangers of taking certain medications during pregnancy. These medications, also known as teratogens may cause birth defects, including spina-bifida in the fetus.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury, which contaminate air or groundwater. Diane Paolicelli's career in law has been dedicated to combating powerful corporations that expose women to harmful chemicals and substances that may damage their reproductive health or lead to birth defects.

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

Product Liability

Pregnancy is among the most exciting and nerve-wracking experiences a woman can go through in her life. But it's also a period where medical professionals often make mistakes that can cause birth defects. An experienced attorney can assist parents file a claim against those who are responsible for their child's disabilities and acquire the justice they deserve.

Although the causes of birth defects are often unknown to medical experts but a large proportion of birth defects can be attributed to exposure to chemicals or environmental factors. This can include exposure by parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.

In addition, the manufacturer and those who prescribe prescription drugs have a responsibility to inform consumers of the dangers. A majority of these drugs is marketed to women who are pregnant, without warnings about the possibility of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect law firms defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects result from exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing or agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.