20 Things You Need To Know About Birth Defect Legal

Birth Defect Litigation

Parents want their children to be perfect, but some injuries happen outside of their control. Families could be faced with a huge bill when injuries require expensive procedures and special treatment.

A New York birth defect lawyer can help stunned parents file claims and receive compensation to cover future expenses. However, the law imposes strict deadlines for the time a claim has to be filed.

Statute of Limitations

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

Many birth defect suits are founded on accusations of medical malpractice. These cases can involve errors made by doctors or nurses at any time during labor birth defect Lawyers and birth processes. Medical professionals may also be negligent after the birth of a child when they fail to provide the proper treatment.

Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the act of medical negligence. This time frame can be extended for infants. It is nevertheless important to seek legal counsel immediately to ensure that all evidence is obtained and that a timely claim be filed.

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

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

Medical Malpractice

Birth defects can cause a variety of mental and physical issues. Some of them could be fatal. Some of these issues are caused by genetics, while others are caused by exposure to the environment or Birth defect lawyers the use of prescription drugs during pregnancy.

A doctor or medical professional could be accused of misconduct when they cause birth defects by their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they may also be a result of any action or failure to act that is in violation of a medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One example of case involves a medication called teratogens. It can cause serious birth defects. During pregnancy, doctors typically advise women to not take this medication, which is used to treat seizures. If a pregnant woman is exposed to this drug, she should make an insurance claim.

It is essential to select an attorney who has previous experience in these cases. Choose a law firm that specializes in this area and works on an on a contingency basis, meaning you don't have to pay any fees unless you win. Look for an attorney who has outstanding negotiation and communication skills. This will help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

A lot of birth defects can cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. Most of the time, these issues are genetically inherited, but some can be caused by environmental or chemical exposure or medication that the mother took while pregnant.

Drug manufacturers have an obligation to adequately test their products and inform consumers of any risks. Sadly some pharmaceutical companies fail to keep up with the latest research or anticipate the potential adverse consequences. Additionally, doctors can prescribe dangerous drugs to patients and women may not receive adequate information on the risks of taking certain medications during pregnancy. These drugs, referred to as teratogens may cause birth defects, such as spina-bifida that can occur in the fetus.

Other substances that can cause birth defects are chemicals employed in the production and agricultural industries as well as heavy metals such as mercury, which are contaminating the groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and substances that cause harm to their reproductive health and cause birth defects.

It is essential to gather as the evidence you can prior to making a claim against the responsible parties. This includes ultrasound scans, blood tests and medical bills incurred as a result of the birth defect. This assists the attorney in determining the financial value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking events in a woman's lifetime. But it's also a time when medical professionals can make mistakes that can lead to birth defects. An experienced attorney can help parents file a claim against those responsible for their child's condition and receive the justice they deserve.

Although the causes of birth defects are usually unknown to medical experts however, many of them can be linked to environmental or chemical exposure. This can include exposure by parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.

The manufacturers and the people who prescribe medication must also warn the public about their risks. A significant portion of these drugs are offered to women who are pregnant, without warnings of the potential for birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. His practice is centered around cases involving the occurrence of birth defects resulting from parental exposure to toxic chemicals, including those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.