A Comprehensive Guide To Birth Defect Legal. Ultimate Guide To Birth Defect Legal

birth defect lawsuit Defect Litigation

Some injuries are out of the parents or their control. Families may be left with a huge bill when injuries require expensive procedures and special attention.

A New York birth defect attorney can help parents who are grieving and file a claim to get compensation for future expenses. However, the law places strict time limitations on when a claim needs to be filed.

Statute of Limitations

Modern medical technology and advances have reduced the risks related to pregnancy, childbirth and birth. However birth defects and injuries continue to occur. If they're preventable, families should consider their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing staff at any point during the birth process, including labor and pregnancy. Medical professionals may also be negligent following the birth of a child in the event that they fail to provide appropriate treatment.

Generally, the time-limit for these cases is 2.5 years from the date of the incident of medical malpractice. For infants, the time is sometimes extended. But, it is crucial to seek legal advice as soon as possible to ensure that all evidence has been collected and that a timely claim 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 take place during the mother's pregnancy. Specially trained birth defects lawyers are able to investigate these claims and prosecute them on behalf of the family.

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

Medical Malpractice

Birth defects can trigger numerous mental or physical issues. Some may even be fatal. Some of these problems are genetic, but others are due to environmental exposures or the use of prescribed drugs during pregnancy.

A doctor or medical professional could be accused of malpractice in the event of causing birth defects through their actions or inaction. The majority of these cases are due to medical negligence during labor or delivery. However, they can comprise any act or failure to act that is not in the range of the medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One of these cases involves teratogens. These drugs can result in 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 make an insurance claim.

It is important that you select an attorney with previous experience in these cases. You should seek out an attorney with extensive experience in this field. It also works on contingency, so you don't have to pay anything until you win. Additionally, you should choose a lawyer who has 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 lead to mental or physical disabilities that require expensive medical treatment and birth defect lawsuit accommodations for the child. These issues are often caused by genetics, but can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Drug makers are required to thoroughly test their products and warn consumers of any potential risks. Unfortunately, some pharmaceutical companies fail to keep up with the latest research or fail to anticipate possible side consequences. Some doctors prescribe dangerous drugs to their patients and some women are not informed about 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 including spina bifida.

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

It is crucial to collect as all evidence you can prior to making a claim against the party responsible. Included in this are any ultrasound images as well as blood tests and medical bills that are incurred as a result. This helps the attorney establish the financial worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful events in a woman's lifetime. It's also the time that many medical professionals can make mistakes that lead to birth defects. An experienced attorney can help parents to file a claim against the medical professionals responsible for their child's disability and get the compensation they deserve.

Although the causes of birth defects are generally unknown to medical professionals however, many of them can be attributed to exposure to chemicals or environmental factors. This could include exposure of parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.

The manufacturers and the people who prescribe medications also have a duty to warn the public about the risks. A large number of these drugs are offered to women who are expecting without warnings of the potential for birth defect. 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 pharmaceutical and chemical companies. His practice is centered around cases where birth defects are caused by exposure to toxic chemicals by parents, such as those used in semiconductor manufacturing or agricultural. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.