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

Birth Defect Litigation

Parents want perfect babies However, some injuries occur out of their control. Families can be left with huge debts when these injuries require costly procedures and special attention.

A New York birth defect attorney can help parents shocked to file an action to receive compensation for future expenses. However, the law places strict deadlines on when a claim should be filed.

Statute of limitations

Modern medical technology and advancements in medical science have reduced the risks associated with pregnancy, childbirth and Birth Defect Law Firms. Birth defects and injuries continue to occur. Families should consider their legal options if they are preventable.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases may involve mistakes made by nurses or doctors at any time during labor and birth processes. Medical professionals can also be guilty of malpractice following the birth of a child by failing to provide the correct treatment.

Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the occurrence of medical malpractice. For infants this can be extended. It is nevertheless important to seek legal advice as soon as you can 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 toxic and chemical exposures during the pregnancy. Lawyers specially trained in birth defects can investigate these claims and prosecute them on behalf of the family.

Parents should think about the following aspects when choosing an attorney to represent them in a suit for birth defects or birth injuries:

Medical Malpractice

Birth defects can trigger numerous mental or physical problems. Some birth defects may cause death. Some of these issues may be genetic while others are triggered by exposure to environmental factors or prescription medications used during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause a birth defect through their actions or inaction. These cases typically are caused by medical negligence during labor or delivery. However, they may also include any act or failure to act that falls short of the medical standard of care, such as failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One such case involves Teratogens. These medications can lead to birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug, she must submit a claim.

It is essential to select an attorney who has expertise in these kinds of cases. Choose a law 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 get the case won. Find an attorney who has an excellent ability to communicate and negotiate. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities which require costly medical care and accommodations for the child. Most of the time, these issues are inherited, but a few can be caused by environmental or birth defect Law firms chemical exposure, or medications that the mother took while pregnant.

Drug manufacturers have an obligation to test their products thoroughly and inform consumers of any potential risks. Unfortunately, some pharmaceutical companies do not keep up with the latest research or foresee potential side effects. Certain doctors prescribe dangerous medications to their patients. Some women are not aware of the risks of taking certain medications while pregnant. These medications are referred to as teratogens and can cause birth defects within the fetus including spina Bifida.

Other substances that could cause birth defects are chemicals used in manufacturing and agriculture as well as heavy metals such as mercury that are contaminating air or groundwater. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and other substances that harm their reproductive health and cause birth defects.

It is important to collect as the evidence you can before filing a suit against the parties accountable. This includes any blood tests, ultrasound images, and medical bills that arise due to the birth defect. This will help the attorney determine the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful events in a woman's lifetime. It's also a time when medical professionals can make mistakes that can lead to birth defects. An experienced attorney can help parents in submitting an action and obtaining the amount they deserve from those responsible for the handicap of their child.

While the causes of birth defects are typically not understood by medical professionals however, a significant proportion are linked to environmental or chemical exposure. This could include contact from parents with toxic chemicals at the workplace, for example glycol ethers and solvents that are used in semiconductor manufacturing as well as chemical pesticides used in agriculture and spraying on crops.

The pharmaceutical companies and those who prescribe medications also have a duty to warn the public about their risks. Yet, a large percentage of these drugs are offered off-label to women who are pregnant age without proper warnings about the possibility of birth defects. This is especially applicable to antidepressants such 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 involving the occurrence of birth defects due to exposure of parents to toxic chemicals such as the ones used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, birth defect law firms D.C. and Suffolk University Law School.