7 Things About Birth Defect Legal You ll Kick Yourself For Not Knowing

Birth Defect Litigation

Some injuries are beyond the parents or their control. When injuries require specialized treatment and costly procedures, it could leave families with huge expenses.

A New York birth defect attorney can help parents grieving and file an action to receive compensation for future expenses. However, the law places strict deadlines the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advancements have helped reduce the risks associated with childbirth and pregnancy. birth defect attorneys defects and injuries continue to occur. If they're preventable families should consider their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any point during the pregnancy, labor and delivery procedures. Medical professionals can also be guilty of malpractice following the birth of a baby when they fail to provide the proper treatment.

In general, the statutes of limitations for these cases is 2.5 years after the date of the medical negligence. This time period can be extended for infants. But, it is crucial to seek legal counsel immediately to ensure that all evidence is gathered and that a timely claim can be filed.

A lawsuit may be filed on behalf of a child in relation to birth defects caused by toxic and chemical exposures during pregnancy. Lawyers specially trained in birth defects can investigate these claims and bring them to trial on behalf of the family.

When choosing an attorney to represent them in a birth defect or birth injury lawsuit parents should look for the following characteristics:

Medical Malpractice

Birth defects can lead to many mental or physical issues. Certain birth defects could be fatal. Certain of these problems could be genetic and others may be caused by exposure to environmental factors or prescription medications taken during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defects through their actions or inaction. These cases are usually based on medical negligence during delivery or labor. They may also involve any act of failure to do something that is below the standard of medical care, such as failing to recognize an illness or prescribing incorrect medication during pregnancy.

One such type of case is a medication known as teratogens, which could cause serious birth defects. When pregnant, doctors usually recommend women not to take this medication, which is utilized in the treatment of seizures. If a pregnant woman is exposed to this drug, birth defect attorney she should file an insurance claim.

It is important to select an attorney with experience handling these kinds of cases. Find a firm that has a specialization in this area and operates on the basis of a contingent fee, which means you won't have to pay a dime unless you are successful. Also, you should look for an attorney with excellent negotiation and communication skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

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

Drug manufacturers are required to test their products correctly and inform the public of any risks that could be present. Unfortunately, some pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate potential side consequences. In addition, doctors can prescribe dangerous drugs to their patients and some women do not receive the correct information regarding the risks associated with taking certain medications during pregnancy. These medications are referred to as teratogens, and they could cause birth defects in the fetus. This includes spina bifida.

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

It is important to collect as the evidence you can before making a claim against the parties accountable. This includes blood tests, ultrasound images and medical bills that arose because of the birth defect. This information can help the attorney determine the value of the case.

Product Liability

Pregnancy is among the most exciting, and anxious experiences of women's lives. It's also a time where many medical professionals can make mistakes that can lead to birth defects. An experienced attorney can help parents bring a lawsuit against those responsible for their child's disability and obtain the proper compensation they're entitled to.

Although the causes of birth defects are typically not understood by medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental causes. This may include contact by parents with toxic chemicals at the workplace, for example glycol ethers and solvents used in semiconductor manufacturing, and chemical pesticides used in agriculture and spraying on crops.

Furthermore, manufacturers and those who prescribe prescription medicines have a responsibility to warn people about the risks. A majority of these drugs are offered to women who are expecting without warnings of the possibility of birth defect. This is especially true 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 focuses his practice on cases where birth defects result from exposure to toxic chemicals in the home by parents such as those used in the manufacture of semiconductors or in agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.