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. Families may be left with huge bills when these injuries require expensive procedures and special attention.

A New York birth defect lawyer can help stunned parents file a claim and get compensation to pay for future expenses. The law has strict time limitations on when claims can 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 continue to occur. Families must consider their legal options if they are preventable.

Many birth defect lawsuits are made on the basis of allegations that medical malpractice occurred. These cases may involve errors committed by nurses or doctors staff at any point during the birth process, including labor and pregnancy. Additionally medical professionals could be guilty of medical malpractice following a child's birth by failing to provide proper treatment.

Generally, the time-limit for these cases is 2.5 years from the date of the act of medical malpractice. For infants this is sometimes extended. It is essential to speak with a lawyer whenever you can to ensure that all evidence is collected, and that a timely complaint be filed.

In addition to medical malpractice, a suit can also be filed on behalf of a baby for birth defects resulting from improper toxic and chemical exposures that occur during a mother's pregnancy. Lawyers specially trained in corcoran birth defect law firm defects can investigate and bring these cases on behalf of the family.

Parents should be aware of the following factors when choosing an attorney to represent them in a lawsuit for birth injury or defect:

Medical Malpractice

Birth defects can trigger numerous mental or birth defects physical problems. Some birth defects can be fatal. Some of these issues are genetic, but others are caused by exposure to the environment or the use of prescription drugs during pregnancy.

A medical professional or doctor may be accused of negligence when they cause birth defects through their actions or inaction. The majority of these cases are based on medical negligence during labor or delivery. They can also include any be in compliance with a standard of medical treatment, for instance not diagnosing an illness or prescribing incorrect medication during pregnancy.

One example of this type of situation involves a drug called teratogens. This medication can cause serious birth defects. During pregnancy, doctors usually advise women to avoid taking this medication, which is utilized to treat seizures. If a pregnant woman is exposed to this medication, she must make an insurance claim.

It is important that you select an attorney with previous experience in these cases. Look for a law firm that is experienced in this area and works on a contingency basis, birth defects so you don't pay anything unless you get the case won. Also, look for an attorney with excellent communication and negotiation abilities. This will ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require expensive medical care and accommodations for the child. These conditions are often genetic, but can also be caused by chemical or environmental 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 certain pharmaceutical companies do not keep up with research or anticipate the potential adverse effects. Additionally, doctors can prescribe dangerous medications to their patients and women may not receive the correct information regarding the dangers of taking certain drugs during pregnancy. These drugs are referred to 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, as well as heavy metals like mercury, which pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that could damage their reproductive health and cause birth defects.

When bringing an action against the parties that are accountable for your child's health It is crucial to gather as much evidence as you can. This includes blood tests, ultrasound images, and medical bills that arose because of the birth defect. This helps the attorney establish the financial worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful events in a woman's lifetime. However, it's also a time where many medical professionals make mistakes that can cause birth defects. A top lawyer can help parents to file a claim against the medical professionals responsible for their child's disability and acquire the compensation they deserve.

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

The manufacturers and the people who prescribe medicines are also required to warn the public about their risks. Yet, a large percentage of these drugs are marketed off-label to women of childbearing age, without warnings about the possibility of birth defects. 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 defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases that involve the occurrence of birth defects due to exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.