The Main Issue With Birth Defect Legal And How You Can Fix It

Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur outside their control. If these injuries require special care and costly procedures, it can leave families with huge expenses.

A New York birth defect attorney can assist parents in shock to file a claim to get compensation for future expenses. The law has strict time limitations on when claims can be filed.

Statute of Limitations

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

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve errors committed by nurses or doctors staff at any time during pregnancy, labor and birth. Additionally medical professionals can be guilty of medical malpractice after the birth of a child, by failing to provide the correct treatment.

Generally, the time-limit for these cases is 2.5 years from the date of the incident of medical malpractice. This time period may be extended for infants. However, it is important to seek legal counsel immediately to ensure that all evidence is gathered and that a timely claim can be filed.

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

Parents should take into consideration the following characteristics when choosing an attorney to represent them in a lawsuit involving birth injury or defect:

Medical Malpractice

Birth defects can trigger a wide range of mental or physical issues. Some may even be fatal. Some of these issues are genetic, but others are caused by environmental exposures or the use of prescribed drugs during pregnancy.

A doctor or medical professional could be accused of misconduct when they cause a birth defect through their actions or inaction. Most cases involve medical negligence during labor or delivery. However, they can comprise any act or failure to act that falls short of a medical standard of care, birth defect lawsuits such as failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One such case involves teratogens. These drugs can cause serious birth defects. During pregnancy, doctors typically advise women to not take this medication, which is commonly used in the treatment of seizures. If a woman who is pregnant is exposed to this medication, she must submit an insurance claim.

It is vital to choose an attorney with previous experience in these cases. Find a firm that specializes in this area and operates on the basis of a contingent fee, which means you don't have to pay any fees unless you succeed. Also, search for an attorney with excellent communication and negotiation abilities. This will help to ensure that you file your claim before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require expensive medical treatment and accommodations for the child. These conditions are often genetic, but they can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Drug makers are required to adequately test their products and warn consumers about any potential risks. Unfortunately, some pharmaceutical companies do not keep up-to-date with current research or fail to anticipate potential adverse effects. Moreover, doctors may prescribe dangerous drugs to patients as well as some women do not receive the correct information regarding the risks associated with taking certain medications during pregnancy. These drugs are known as teratogens. They can cause birth defects in the fetus including spina Bifida.

Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, birth defect lawsuits and heavy metals like mercury that affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and substances that can affect their reproductive health and cause birth defect attorneys defects.

It is crucial to collect as much evidence as you can prior to filing a suit against the responsible parties. Included in this are any ultrasound images, blood tests, and medical bills incurred as a result. This helps the attorney establish the financial worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxiety-inducing experiences in a woman's lifetime. It's also a time when many medical professionals can make mistakes that can lead to birth defects. A top attorney can help parents bring a lawsuit against those who are responsible for their child's disabilities and acquire the proper compensation they're entitled to.

While the causes of birth defects are generally unknown to medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental factors. This could include contact from parents with toxic chemicals at the workplace, for example glycol ethers and solvents that are used in semiconductor manufacturing and chemical pesticides used in agriculture and spraying crops.

The manufacturers and the people who prescribe medications must also warn the public about the risks. However, a significant portion of these drugs are marketed off-label to women of childbearing age, without warnings about the possibility of birth defects. This is particularly 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 of parents to toxic chemicals such as those that are used in the manufacture of semiconductors or in agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.