The Advanced Guide To Birth Defect Legal

Birth Defect Litigation

Parents want perfect children However, some injuries occur beyond their control. Families can be left with huge bills when these injuries require costly procedures and specialized care.

A New York birth defect attorney can help parents who are in shock to file a claim to get compensation for future expenses. However, the law puts strict deadlines when a claim should be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks associated with pregnancy and childbirth. Birth defects and injuries do remain a possibility. Families need to consider their legal options when they are preventable.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any time during the birth, labor and delivery procedures. In addition, medical professionals can commit medical malpractice after the birth of a child, if they fail to provide the correct treatment.

In general, the statutes of limitations for these cases are 2.5 years from the date of the medical negligence. For infants, this can be extended. However, it is essential to seek legal counsel immediately to ensure that all evidence is obtained and that a timely claim be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Lawyers specially trained in birth defects can examine these claims and bring them to trial on behalf of the family.

Parents should take into consideration the following characteristics when choosing an attorney to represent them in a lawsuit for birth defects or injuries:

Medical Malpractice

Birth defects can cause a variety of mental and physical problems. Some of them may even be fatal. Some of these issues are inherited, while others are caused by exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects due to their actions or inaction. These cases typically are based on medical negligence during delivery or labor. However, they can be a result of any action or failure to act that is in violation of the medical standard of care, like failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One such type of case involves a medication called teratogens. It can cause birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug, it is recommended that she make a claim.

It is essential to choose an attorney with expertise in these kinds of cases. Find a firm that has a specialization in this area and operates on a contingency basis, so there is no cost unless you succeed. Also, you should look for a lawyer with strong negotiation and communication skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, that require expensive medical treatment and accommodations for the child. Most often, these disorders are genetic, but some of them may be caused by environmental or chemical exposure or medication that the mother consumed during pregnancy.

Drug manufacturers have an obligation to test their products thoroughly and warn consumers of any potential risks. Sadly many pharmaceutical companies fail to keep up with the latest research or foresee potential side effects. Certain doctors prescribe dangerous medications to their patients, and some women are not aware of the risks associated with taking certain medications while pregnant. These medications are referred to as teratogens. They can cause birth defects in the fetus including spina bifida.

Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals such as mercury that can contaminate groundwater or air. Diane Paolicelli's legal career is dedicated to fighting powerful corporations that expose women to toxic chemicals and substances that can damage their reproductive health or cause birth defects.

It is important to collect as all evidence you can prior Birth Defect Lawsuits to filing a lawsuit against the parties responsible. This includes blood tests, ultrasound images, and medical bills that arise as a result of the birth defect. This information can help the attorney assess the value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking times in a woman's life. However, it's also a time where medical professionals often make mistakes that could cause birth defects. A reputable attorney can assist parents in submitting an appeal and gaining the amount they deserve from those responsible for the handicap of their child.

Medical professionals aren't always able of determining the specific cause of birth defects, but the majority of them can be due to environmental or chemical exposure. This can include parental exposure to toxic chemicals in the workplace such as solvents and birth defect lawsuits glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in crop spraying and pesticides.

Additionally, the manufacturers and those who prescribe prescription medications must inform people of their risks. A significant portion of these drugs are offered to pregnant women without warnings of the potential for birth defect. 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 chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals by parents such as those that are used in semiconductor manufacturing or agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.