The Ultimate Guide To Birth Defect Legal

Birth Defect Litigation

Some injuries are out of 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 lawyer can assist parents who are stunned to file a claim and get compensation to cover future costs. The law has strict time limitations on when a claim can be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks associated with childbirth and pregnancy. Birth defects and injuries do still occur. When they are preventable, families must explore their legal options.

Many birth defect suits are based on allegations of medical malpractice that occurred. These cases may involve mistakes committed by nurses or doctors at any point during the labor and birth procedures. Medical professionals may also be negligent following the birth of a baby if they fail provide proper 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. It is nevertheless important to seek legal counsel as soon as possible to ensure that all evidence has been collected and that a timely claim can be filed.

In addition to medical malpractice, a suit may also be filed on behalf of an infant for birth defects caused by improper toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

When choosing an attorney for a birth defect attorneys defect or birth injury lawsuit parents should be looking for the following characteristics:

Medical Malpractice

birth defect law firms defects can lead to an array of mental or physical issues. Some of them could be fatal. Some of these problems are inherited, while others are due to environmental exposures or the use of prescription drugs during pregnancy.

A medical professional or doctor may be accused of negligence when they cause birth defects by their actions or inaction. The majority of these cases are based on medical negligence in delivery or labor. They can also include any act of failure to do something that is below the standard of medical care, like not diagnosing an illness or birth defect lawyer prescribing the wrong medication during pregnancy.

One example of case is a medication called teratogens. It can cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug she must submit an insurance claim.

It is crucial to select an attorney who has handled these kinds of cases. You should seek out a firm with experience in this field and operates on contingency basis, which means you don't pay anything until you are successful. Look for an attorney with an excellent ability to communicate and negotiate. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities which require costly medical care and accommodations for the child. These issues are often genetic, but they can also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to adequately test their products and warn consumers of any potential risks. Sadly, some pharmaceutical companies do not keep up with research or anticipate possible side consequences. Certain doctors prescribe dangerous medications to their patients and some women aren't aware of the risks of taking certain drugs while pregnant. These medications, also known as teratogens, may cause birth defects such as spina-bifida, in the fetus.

Other substances that can cause birth defects are chemicals used in manufacturing and agriculture, as well as heavy metals like mercury, which are contaminating the groundwater or air. Diane Paolicelli's legal career has been dedicated to fighting powerful corporations that expose women to harmful substances and chemicals that can damage their reproductive health or lead to birth defects.

When filing lawsuits against the parties that are accountable for your child's health it is crucial to gather as much evidence as possible. Included in this are ultrasound images or blood tests, as well as medical bills that are incurred due to. This assists the attorney in determining the monetary worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful times in a woman's life. It's also the time when medical professionals can make mistakes that can lead to birth defects. A reputable attorney can assist parents in submitting an action and obtaining the money they deserve from those responsible for the handicap of their child.

Medical experts aren't always able to determine the root of birth defects, however the majority of them can be attributable to environmental or chemical exposure. This could include exposure of parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in spraying for crops and pesticides.

In addition, the manufacturer and the people who prescribe prescription medications must inform people about the risks. However, a significant portion of these drugs are marketed off-label to women who are pregnant age, without warnings about the potential for 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 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 is a graduate of the American University in Washington, D.C. and Suffolk University Law School.