The Advanced Guide To Birth Defect Legal

Birth Defect Litigation

Parents want perfect children However, some injuries occur outside of their control. Families may be left with a huge bill when injuries require expensive procedures and specialized care.

A New York birth defect lawyer can assist parents in filing a claim and get compensation to cover the cost of future expenses. The law has strict time limitations for when claims can be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks associated with childbirth and pregnancy. However, birth defects and injuries still occur. Families must consider their legal options when they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve errors made by nurses or doctors personnel at any stage of the birth process, including labor and pregnancy. Additionally medical professionals can be guilty of medical malpractice following a child's birth when they fail to provide proper treatment.

Generally, the time limit for these cases is generally 2.5 years from the date of the occurrence of medical malpractice. For infants, this period can be extended. It is essential to talk with a lawyer early enough to ensure that all evidence is collected, and that a timely complaint can be filed.

In addition to medical malpractice, a suit could also be filed on behalf of a baby for birth defects caused by wrongful exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defects lawyers can investigate the claims and then prosecute them on behalf of the family.

Parents should take into consideration the following characteristics when choosing an attorney to represent them in a suit for birth defects or birth injuries:

Medical Malpractice

Birth defects can lead to various mental and physical issues. Certain birth defects could cause death. Certain of these problems could be caused by genetics and others may be caused by exposure to the environment or prescription medications used during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects as a result of their actions or inaction. These cases usually are due to medical negligence during delivery or labor. They may also involve any other act which falls below a standard of medical treatment, for instance failing to recognize an illness or prescribing incorrect medication during pregnancy.

One example involves the teratogens. These medications can lead to serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must submit an insurance claim.

It is essential to select an attorney with previous experience in these cases. Choose a law firm that is experienced in this area, and works on a contingency basis, so you don't pay anything unless you succeed. Also, you should look for an attorney with excellent communication and negotiation abilities. This can 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 genetic, but some can be caused by chemical or environmental exposure, or by medications the mother was taking during pregnancy.

Drug manufacturers have an obligation to ensure that their products are tested properly and warn consumers about any risks. Unfortunately, some pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate possible side effects. Certain doctors prescribe dangerous drugs to their patients. Some women are not informed about the dangers associated with taking certain medications during pregnancy. These drugs, referred to as teratogens can cause birth defects, such as spina-bifida in the fetus.

Other substances that may cause birth defects include chemicals employed in the production and agricultural industries as well as heavy metals such as mercury, which are contaminating the groundwater or air. Diane Paolicelli's legal profession has been focused on combating powerful corporations that expose women to harmful chemicals and substances that may cause harm to their reproductive health and cause birth defect lawsuit defects.

It is important to collect as much evidence as you can prior to filing a suit against the responsible parties. Included in this are ultrasound images as well as blood tests and medical bills incurred due to. This information can help the attorney determine the worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful experiences a woman can go through in her life. It's also the time that medical professionals are prone to making mistakes that result in birth defects. A top attorney can help parents file a claim against those who are responsible for their child's disabilities and obtain the compensation they deserve.

Medical experts are not always able to determine the specific cause of birth defects, however a large number can be attributable to environmental or chemical exposure. This can include parental contact with toxic chemicals at the workplace, like glycolethers and Birth Defect Lawsuits solvents utilized in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as spraying on crops.

Manufacturers and those who prescribe medication are also required to warn the public about the risks. A large portion of these drugs are offered to women who are expecting without warnings of the possibility of birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice focuses on cases involving the occurrence of birth defects caused by parental exposure to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C. as well as Suffolk University Law School.