14 Common Misconceptions About Birth Defect Legal

Birth Defect Litigation

Parents want their children to be perfect, but some injuries happen outside of their control. When injuries require specialized treatment and expensive procedures, it can result in huge costs for families.

A New York Birth Defect Lawyer [Https://55.Staikudrik.Com] can help stunned parents file a claim and get compensation to cover future expenses. The law has strict time limitations on when a claim may be filed.

Statute of limitations

Modern technology and medical advances have aided in reducing the risks associated with childbirth, pregnancy and birth. However, birth defects and injuries can still occur. When they are preventable, families must explore their legal options.

Many birth defect lawsuits are based on allegations that medical malpractice occurred. These cases could involve mistakes made by nurses or doctors staff at any stage of the birth process, including labor and pregnancy. Medical professionals may also be negligent following the birth of a baby by failing to provide the correct treatment.

In general, the statutes of limitations for these cases is 2.5 years after the date of the medical negligence. The time limit is extended for infants. However, it is essential to seek legal advice as soon as possible to ensure that all evidence is gathered and that a timely claim be filed.

A lawsuit can be filed on behalf of a child in relation to birth defects caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

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

Medical Malpractice

Birth defects can cause various mental and physical issues. Certain birth defects can be fatal. Some of these issues are inherited, whereas others are due to exposure to environmental factors or the usage of prescribed drugs during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defects due to their actions or inaction. These cases are usually due to medical negligence during delivery or labor. However, they could also comprise any act or failure to act that falls short of a medical standard of care, like failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One such case involves teratogens. These medications can lead to birth defects that are serious. During pregnancy, doctors usually advise women to stay clear of this medication, which is utilized to treat seizures. If a woman who is pregnant is exposed to this drug, she should make a claim.

It is important to choose an attorney who has experience in handling these kinds of cases. Look for a law firm that is specialized in this field and operates on the basis of a contingent fee, which means you won't have to pay a dime unless you succeed. Find an attorney who has outstanding negotiation and communication skills. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

A variety of birth defects cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. These conditions are often caused by genetics, but can 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 warn consumers of any potential risks. Unfortunately, some pharmaceutical companies fail to keep up with research or anticipate the potential adverse effects. Certain doctors prescribe dangerous drugs to their patients. Moreover, some women aren't aware of the risks of taking certain drugs while pregnant. These drugs, also known as teratogens can cause birth defects, including spina-bifida that can occur in the fetus.

Other substances that may cause birth defects are chemicals used in manufacturing and agriculture and heavy metals, Birth defect Lawyer like mercury, which are contaminating the air or groundwater. Diane Paolicelli's career in law has been focused on fighting powerful corporations that expose women to toxic chemicals and substances that could damage their reproductive health or cause birth defects.

It is crucial to gather as all evidence you can prior to filing a lawsuit against the parties responsible. This includes blood tests, ultrasound images and medical bills that arose because of the birth defect. This assists the attorney in determining the value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking events in a woman's lifetime. It's also the time when medical professionals are prone to making mistakes that can lead to birth defects. A top attorney can help parents file a claim against those accountable for their child's handicap and obtain the amount of compensation they deserve.

Although the causes of birth defects are generally unknown to medical professionals but a large proportion of birth defects can be linked to environmental or chemical exposure. This could include contact from parents with toxic chemicals in the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing as well as agricultural chemicals used for pesticides and spraying on crops.

In addition, the manufacturer and those who prescribe prescription drugs have a responsibility to warn people about the risks. A majority of these medications are sold to women who are pregnant without warnings of the potential for birth defect. This is particularly applicable to 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. He focuses his practice on cases where birth defects are caused by exposure of parents to toxic chemicals like those employed in semiconductor manufacturing or agricultural. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.