Does Technology Make Birth Defect Legal Better Or Worse

Birth Defect Litigation

Some injuries are beyond the parents in their control. If injuries that result from these accidents require special medical attention and expensive procedures, it can leave families with huge expenses.

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

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks that come with childbirth and Birth defects pregnancy. However birth defects and injuries continue to occur. Families must consider their legal options when they can be prevented.

Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any point during the birth, labor and delivery procedures. Medical professionals can also be negligent after the birth of a baby if they fail provide proper treatment.

Generally, the time-limit for these cases is 2.5 years from the date of the occurrence of medical negligence. The time frame can be extended to infants. It is essential to talk with an attorney early enough to ensure that all evidence is collected and that a timely complaint be filed.

In addition to medical malpractice, a suit can also be brought on behalf of a baby for birth defects caused by wrongful toxic and chemical exposures that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

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

Medical Malpractice

Birth defects can lead to a wide range of mental or physical problems. Some birth defects can be fatal. Some of these issues are genetic, but others are caused by exposure to environmental factors or the usage of prescription drugs during pregnancy.

A medical professional or doctor may be accused of negligence in the event of causing birth defects through their actions or inaction. The majority of these cases are caused by medical negligence during delivery or labor. However, they could also comprise any act or failure to act that falls short of the medical standard of care, such as failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One instance of situation is a drug called teratogens. It can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must make an insurance claim.

It is vital to select an attorney who has experience in these types of cases. Choose a law firm that specializes in this area and works on a contingency basis, so there is no cost unless you get the case won. Also, look for an attorney with excellent negotiation and communication skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

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

Pharmaceutical companies are required to test their products thoroughly and inform the public of any potential dangers. Unfortunately, some pharmaceutical companies fail to keep up with research or foresee potential side consequences. Certain doctors prescribe dangerous drugs to their patients and some women aren't aware of the risks of using certain drugs during pregnancy. These drugs are known as teratogens. They can cause birth defects in the fetus. This includes spina Bifida.

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

It is important to collect as many evidences as you can prior to filing a lawsuit against the parties responsible. This includes any ultrasound scans, blood tests, and medical bills that arise due to the birth defect. This will help the attorney determine the monetary worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful experiences a woman can go through in her life. However, it's also a time when medical professionals can make mistakes that could lead to birth defects. An experienced attorney can help parents bring a lawsuit against those who are responsible for their child's disabilities and acquire the proper compensation they're entitled to.

While the causes of birth defects are usually not understood by medical professionals but a large proportion of birth defects can be linked to exposure to chemicals or environmental factors. This could include exposure of parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in spraying for birth defects crops and pesticides.

Additionally, the manufacturers and those who prescribe prescription medications are required to inform people of their risks. However, a significant portion of these drugs are marketed off-label for women of childbearing age without proper warnings about the risk of birth defects. This is particularly applicable to antidepressants, such as Prozac and Zoloft.

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