If You ve Just Purchased Birth Defect Legal ... Now What

Birth Defect Litigation

Some injuries are out of the parents' control. If these injuries require special care and costly procedures, it can result in huge costs for families.

A New York birth defect lawyer can assist parents in filing an action and receive compensation to cover future costs. However, the law has strict deadlines when a claim should be filed.

Statute of limitations

Modern medical technology and advancements in medical science have made it possible to reduce the risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries do remain a possibility. Families should consider their legal options when they are preventable.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve mistakes made by doctors or nurses at any time during the birth, birth defect lawyers labor and delivery procedures. In addition, medical professionals can commit medical malpractice following the birth of a baby in the event that they fail to provide the proper treatment.

Generally speaking, the time limit for these cases is 2.5 years from when the act was committed of medical negligence. For infants, this is sometimes extended. 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.

In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases 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 injury or defect:

Medical Malpractice

Birth defects can lead to various physical and mental problems. Certain birth defects could cause death. Some of these problems are caused by genetics, while others are due to environmental exposures or the use of prescription medications during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects by their actions or inaction. These cases are usually caused by medical negligence during delivery or labor. However, they may also include any act or inability to act in excess of a medical standard of care, such as failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example involves Teratogens. These drugs can result in birth defects that are serious. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug, it is recommended that she make an insurance claim.

It is important to choose an attorney with experience handling these types of cases. You should seek out an attorney with years of experience in this field and is based on contingency, meaning that you don't pay nothing until you win. Also, look for a lawyer with strong negotiation and communication abilities. This will help to ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

Many birth defects cause physical or mental disabilities, that require expensive medical treatment and accommodations for the child. Most often, these disorders are genetically inherited, but some of them may be caused by environmental or chemical exposure, or by medications the mother took while pregnant.

Pharmaceutical companies are required to test their products properly and warn the public of any potential dangers. Unfortunately some pharmaceutical companies do not keep up to date with the latest research or fail to anticipate potential adverse effects. Moreover, doctors may prescribe dangerous medications to their patients, and some women do not have adequate information about the dangers of taking certain drugs during pregnancy. These medications are referred to as teratogens, and they may cause birth defects in the fetus, including spina Bifida.

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

It is crucial to gather as all evidence you can before filing a lawsuit against the party responsible. Included in this are any ultrasound images, blood tests, and medical bills incurred as a result. This assists the attorney in determining the monetary value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful experiences a woman can go through in her life. But it's also a period when many medical professionals make mistakes that can cause birth defects. A top attorney can help parents bring a lawsuit against those responsible for their child's disability and receive the justice they deserve.

Medical experts are not always able determine the specific cause of birth defects, however most of them can be due to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals in the workplace, for example glycol ethers and solvents that are used in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as spraying on crops.

In addition, the manufacturer and the people who prescribe prescription medications are required to inform consumers of the dangers. A significant portion of these drugs are marketed to women who are pregnant, without warnings of 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 pharmaceutical and chemical companies. He concentrates his practice on cases involving the occurrence birth defects caused by exposure of parents to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.