Are The Advances In Technology Making Birth Defect Legal Better Or Worse

Birth Defect Litigation

Parents want perfect children, but some injuries happen outside of 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 attorney can assist parents shocked to file an appeal to be compensated for future expenses. The law has strict time limitations on when a claim can be filed.

Statute of Limitations

Modern medical technology and advances have aided in reducing the risks associated with childbirth, pregnancy and birth. Birth defects and injuries do continue to occur. Families should consider their legal options when they can be prevented.

Many birth defect suits are based on accusations of medical malpractice. These cases may involve errors made by nurses or doctors staff at any time during labor, birth and pregnancy. Additionally, medical professionals can commit medical malpractice after a child's birth in the event that they fail to provide proper treatment.

Generally, the statute of limitations in these cases is 2.5 years from when the act was committed of medical negligence. This time frame can be extended for infants. It is important to consult a lawyer immediately to ensure that all evidence is gathered and that a timely complaint can be filed.

A lawsuit can be filed on behalf of a child for birth defects caused by toxic and chemical exposures during pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.

Parents should think about the following qualities when selecting an attorney to represent them in a lawsuit for birth defect lawsuit defect or injury:

Medical Malpractice

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

A doctor or medical professional could be accused of malpractice when they cause birth defects through their actions or inaction. Most cases involve medical negligence during the birth or labor process. They may also involve any act which falls below a standard of medical care, for example the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of case involves a medication called teratogens. This medication can cause birth defects that are serious. During pregnancy, doctors typically advise women to stay clear of this medication, which is used to treat seizures. If an individual is exposed to the drug, she must file an action.

It is important to choose an attorney who has experience in handling these kinds of cases. Find a law firm that is experienced in this area and works on the basis of a contingent fee, which means there is no cost unless you are successful. Look for an attorney who has an excellent ability to communicate and negotiate. This will ensure that you make your claim in time before the time limit expires.

Prescription Drugs

Many birth defects can cause physical or mental disabilities that require costly medical treatment and accommodations for the child. These disorders are usually genetic, firm but can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Drug makers are required to test their products properly and warn the public of any potential risks. Unfortunately certain pharmaceutical companies fail to keep up with research or anticipate the potential adverse effects. Additionally, doctors can prescribe dangerous drugs to patients and women may not have adequate information about the dangers of taking certain drugs during pregnancy. These drugs are referred to as teratogens and could cause birth defects in the fetus, such as spina bifida.

Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury that contaminate air or groundwater. Diane Paolicelli's career in law has been dedicated to fighting powerful corporations who expose women to harmful substances and chemicals that can damage their reproductive health or lead to birth defects.

It is essential to gather as much evidence as you can prior to making a claim against the parties responsible. Included in this are ultrasound images as well as blood tests and medical bills incurred as a result. This allows the attorney to determine the monetary worth of the case.

Product Liability

Pregnancy is among the most exciting, but nerve-wracking experiences in a woman's lifetime. However, it's also a time where many medical professionals make mistakes that could cause birth defects. A reputable attorney can assist parents in filing claims and getting the money they deserve from those responsible for the disability of their child.

While the causes of birth defects are generally not understood by medical professionals, a significant number can be attributed to exposure to chemicals or environmental causes. This could include contact from parents with toxic chemicals at the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing as well as agricultural chemicals used for pesticides and spraying crops.

Manufacturers and those who prescribe medications are also required to inform the public about their risks. However, a significant portion of these drugs are sold off-label for women of childbearing age without adequate warnings about 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 lawsuit defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects result from exposure to toxic chemicals by parents such as those employed in semiconductor manufacturing or agricultural. He is a graduate of the American University in Washington, D.C. as well as Suffolk University Law School.