This Is The Ultimate Guide To Birth Defect Legal

Birth Defect Litigation

Some injuries are out of the parents' control. When injuries require specialized treatment and costly procedures, lawyers it can leave families with huge expenses.

A New York birth defect lawsuit defect lawyer can help stunned parents file a claim and get compensation to cover future expenses. However, the law places strict deadlines on when a claim should be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce risks related to pregnancy, childbirth and birth. Birth defects and injuries do persist. If they can be prevented, families must explore their legal options.

Many birth defect lawsuits are made on the basis of allegations of medical malpractice that occurred. These cases may involve errors made by doctors or nursing staff at any point during pregnancy, labor and birth. Medical professionals can also be guilty of malpractice following the birth of a child when they fail to provide the proper treatment.

Generally speaking, the time limit for these cases is 2.5 years from the date of the occurrence of medical negligence. This time period can be extended for infants. It is essential to talk with an attorney as soon as you can to ensure that all evidence is gathered, and that a timely complaint can be filed.

A lawsuit may be filed on behalf of a child for birth defects that are caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawsuit defect lawyers can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can lead to various physical and mental problems. Certain birth defects can cause death. Some of these problems may be genetic while others are triggered by environmental exposures or prescription drugs taken 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. However, they can also include any act or inability to act that is not in the range of the medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One example is involving the teratogens. These drugs can result in birth defects that are serious. During pregnancy, doctors typically recommend women not to take this medication, which is commonly used in the treatment of seizures. If women are exposed to the drug it is recommended that she submit an action.

It is important that you select an attorney with expertise in these kinds of cases. You should look for a firm with experience in this field and operates on contingency basis, which means you won't be charged any fees until you win. Choose an attorney with great 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 mental or physical disabilities, that require expensive medical treatment and accommodations for the child. These disorders are usually genetic, but they may also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.

Drug manufacturers are required to ensure that their products are tested properly and inform consumers of any potential risks. Unfortunately some pharmaceutical companies don't keep up with the latest research or fail to anticipate potential side consequences. Some doctors recommend dangerous drugs to their patients, and some women aren't aware of the dangers associated with using certain drugs during pregnancy. These drugs, referred to as teratogens may cause birth defects, like spina-bifida that can occur in the fetus.

Other substances that can cause birth defects include chemicals used in manufacturing and agriculture and heavy metals, like mercury that are contaminating groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that could harm their reproductive health and cause birth defects.

It is crucial to gather as the evidence you can before making a claim against the parties responsible. This includes any blood tests, ultrasound images and medical bills that came up as a result of the birth defect. This information helps the attorney determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but anxious experiences of a woman's lifetime. But it's also a time when medical professionals can make mistakes that could lead to birth defects. A top attorney can assist parents in filing 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 root of birth defects, but many of them can be due to environmental or chemical exposure. This can include parental contact with toxic chemicals at the workplace, such as solvents and glycol ethers used in semiconductor manufacturing, and agricultural chemicals used for pesticides and spraying of crops.

The manufacturers and the people who prescribe medication are also obliged to warn people about the dangers. Yet, a large percentage of these drugs are offered off-label for women of childbearing age, without warnings about the potential for birth defects. This is especially applicable to antidepressants such 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 where birth defects result from exposure to toxic chemicals by parents such as those used in semiconductor manufacturing or agricultural. He graduated from American University in Washington, D.C. and Suffolk University Law School.