10 Misconceptions That Your Boss May Have About Birth Defect Legal

Birth Defect Litigation

Some injuries are out of the parents' control. If injuries that result from these accidents require special treatment and costly procedures, it could cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents in filing an action and receive compensation to cover future costs. The law has strict time limitations on when a claim can be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks associated with childbirth and pregnancy. However birth defects and injuries continue to occur. Families should consider their legal options if they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors personnel at any stage of labor, birth and birth defects pregnancy. In addition medical professionals may be guilty of medical malpractice after the birth of a baby in the event that they fail to provide proper treatment.

In general the statute of limitations for these cases are 2.5 years from the date of the medical malpractice. This time period is extended for infants. But, it is crucial to seek legal counsel as soon as you can to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a suit can also be filed on behalf of a baby for birth defects caused by wrongful toxic and chemical exposures that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases 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 numerous physical or mental problems. Some birth defects can be fatal. Some of these problems are caused by genetics, while others are caused by exposure to environmental factors or the usage of prescription drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice in the event of causing birth defects through their actions or inaction. These cases typically are based on medical negligence in delivery or labor. However, they can also include any act or failure to act in excess of the medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One instance of situation is a drug known as teratogens, which could cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must make a claim.

It is essential to select an attorney who has expertise in these kinds of cases. You should look for a firm with experience in this field and works on contingency, Birth Defects so you won't have to pay anything until you are successful. Also, you should look for a lawyer who has excellent negotiation and communication skills. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to adequately test their products and inform consumers of any potential risks. Unfortunately, some pharmaceutical companies fail to keep up with the latest research or fail to anticipate potential side effects. Certain doctors prescribe dangerous medications to their patients. Some women are not aware of the risks of using certain drugs during pregnancy. These are known as teratogens. They can 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, as well as heavy metals like mercury which affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that harm their reproductive health and cause birth defects.

It is important to collect as all evidence you can prior to making a claim against the party responsible. This includes blood tests, ultrasound images and medical bills that arise as a result of the birth defect. This information helps the attorney to determine the worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful times in a woman's life. It's also a time where medical professionals often make mistakes that can lead to birth defects. A top lawyer can help parents file a claim against those accountable for their child's handicap and get the justice they deserve.

Although the causes of birth defects are typically unknown to medical experts but a large proportion of birth defects can be attributed with exposure to chemicals or the environment. This can include exposure by parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

In addition, manufacturers and those who prescribe prescription drugs have a responsibility to warn people about the risks. However, a lot of these drugs are marketed off-label to women of childbearing age without adequate warnings about the possibility of birth defects. This is especially true for 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 involving the occurrence birth defects due to parental exposure to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.