The Advanced Guide To Birth Defect Legal

Birth Defect Litigation

Some injuries are beyond the parents in their control. If injuries that result from these accidents require special treatment and expensive procedures, it could cause families to incur huge costs.

A New York birth defect lawyer can assist parents in filing an action and receive compensation to cover the cost of future expenses. However, the law has strict time limitations on when a claim needs to be filed.

Statute of Limitations

Modern technology and medical advances have aided in reducing the risks associated with pregnancy, childbirth and birth. Birth defects and injuries do remain a possibility. If they can be prevented, families must consider their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve errors made by doctors or nursing personnel at any stage of labor, pregnancy and birth. Medical professionals can also commit malpractice after the birth of a child by failing to provide the correct treatment.

In general the statute of limitation for these cases are 2.5 years from the date of the medical mistake. This time frame can be extended to infants. It is essential to speak with an attorney whenever you can to ensure that all evidence is collected, birth defect Lawyers and that a timely complaint be filed.

A lawsuit may be filed on behalf of a child to claim birth defects caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

Parents should be aware of the following factors when choosing an attorney to represent them in a lawsuit involving birth defects or injuries:

Medical Malpractice

birth defect lawyer defects can cause a variety of mental and physical ailments. Some birth defects can be fatal. Certain of these problems could be genetic while others are triggered through exposure to the environment or prescription medications used during pregnancy.

A doctor or medical professional could be accused of malpractice in the event of causing birth defects due to their actions or inaction. These cases usually involve medical negligence during labor or delivery. However, they could also be a result of any action or failure to act that is not in the range of a medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One such case involves Teratogens. These drugs can cause serious birth defects. During pregnancy, doctors typically recommend women not to take this medication, which is utilized to treat seizures. If a woman who is pregnant is exposed to this drug, birth defect lawyers she should submit a claim.

It is essential to select an attorney who has experience in handling these kinds of cases. Look for a law firm that has a specialization in this area, and works on an hourly basis, which means you don't pay anything unless you are successful. Look for an attorney with excellent communication and negotiation skills. This will help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

Drug manufacturers are required to test their products properly and inform the public about any potential risks. Unfortunately, some pharmaceutical companies fail to keep up to date with the latest research or fail to anticipate potential adverse consequences. Moreover, doctors may prescribe dangerous drugs to their patients and women may not receive adequate information on the risks associated with taking certain drugs during pregnancy. These drugs are referred to as teratogens and may cause birth defects in the fetus including spina Bifida.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury which affect groundwater or the air. Diane Paolicelli's career in law has been dedicated to combating 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 much evidence as you can prior to filing a suit against the responsible parties. Included in this are ultrasound images, blood tests, and medical bills incurred as a result. This information can help the attorney to determine the worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful events in a woman's lifetime. It's also the time that medical professionals make mistakes that can lead to birth defects. A top lawyer can assist parents in submitting an action and obtaining the money they deserve from those who are responsible for the impairment of their child.

Medical experts are not always able to pinpoint the root of birth defects, but many of them can be attributable to environmental or chemical exposure. This may include contact by parents with toxic chemicals at the workplace, for example solvents and glycol ethers used in semiconductor manufacturing, as well as chemical pesticides used in agriculture and spraying crops.

The pharmaceutical companies and those who prescribe medicines must also inform the public about their risks. However, a significant portion of these drugs are marketed off-label to women of childbearing age, without warnings about the possibility of birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. His practice is centered around cases where birth defects result from parental exposure to toxic chemical such as those used in semiconductor manufacturing or agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.