14 Common Misconceptions About Birth Defect Legal

Birth Defect Litigation

Some injuries are out of the parents in their control. Families could be faced with huge bills when these injuries require costly procedures and special attention.

A New York birth defect attorney can help parents who are in shock to file an appeal to be compensated for future expenses. However, the law places strict deadlines for the time a claim has to be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks associated with childbirth and pregnancy. However birth defects and injuries do occur. If they can be prevented, families need to explore their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any time during birth, labor and delivery processes. Medical professionals can also be guilty of malpractice following the birth of a baby when they fail to provide the proper treatment.

In general the statute of limitations for these cases are 2.5 years after the date of the medical negligence. For infants, the time can be extended. It is important to consult a lawyer immediately to ensure that all the evidence is gathered and that a timely complaint be filed.

A lawsuit can be filed on behalf of a baby 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.

Parents should be aware of the following factors when choosing an attorney to represent their interests in a lawsuit filed for birth defects or birth injuries:

Medical Malpractice

Birth defects can result in a wide range of physical or mental problems. Certain birth defects can be fatal. Some of these issues are genetic, but others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defect lawsuit defects by their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they could also be a result of any action or failure to act that falls short of the medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One such case involves Teratogens. These medications can cause serious birth defects. When pregnant, doctors usually advise women to not take this medication, birth defect lawyers which is utilized in the treatment of seizures. If a pregnant woman is exposed to this medication, she must submit a claim.

It is vital to select an attorney with prior experience in these types of cases. Choose a law firm that has a specialization in this area, and works on a contingency basis, so you don't pay anything unless you are successful. Look for an attorney who has great negotiation and communication skills. This will help to ensure that you submit your claim before the time limit expires.

Prescription Drugs

Many birth defects can cause physical or mental disabilities that require costly medical treatment and accommodations for the child. These issues are often caused by genetics, but can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.

Pharmaceutical companies are required to test their products thoroughly and inform the public of the potential dangers. Unfortunately, some pharmaceutical companies fail to keep up-to-date with the latest research or fail to anticipate potential side effects. Certain doctors prescribe dangerous drugs to their patients. Moreover, some women are not informed about the risks of taking certain medications while pregnant. These drugs are known as teratogens and can cause birth defects within the fetus, such as spina Bifida.

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

It is important to collect as many evidences as you can prior to making a claim against the parties accountable. Included in this are ultrasound images, blood tests, and medical bills that are incurred due to. This allows the attorney to determine the worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful events in a woman's lifetime. It's also a time when medical professionals can make mistakes that result in birth defects. A top lawyer can assist parents in filing an action and obtaining the compensation they deserve from the people responsible for the disabilities of their child.

Medical experts aren't always able to pinpoint the causes of birth defects, however many of them can be attributable to environmental or chemical exposure. This can include exposure by parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

Manufacturers and those who prescribe medications also have a duty to warn the public about the risks. A majority of these medications are sold to women who are expecting without warnings of the potential for birth defect. This is especially the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals by parents like those employed in semiconductor manufacturing or agriculture. He graduated from American University in Washington, birth defect lawyers D.C. and Suffolk University Law School.