3 Reasons Your Birth Defect Legal Is Broken And How To Fix It

Birth Defect Litigation

Parents want their children to be perfect, but some injuries happen beyond their control. When these injuries require special treatment and costly procedures, it could cause families to be faced with massive costs.

A New York birth defect attorney can assist parents who are shocked to file an action to receive compensation for future expenses. The law has strict time limitations for when claims can be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks that come 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 may involve errors committed by nurses or doctors personnel at any stage of labor, pregnancy and birth. Medical professionals can also be guilty of malpractice following the birth defect attorney of a baby when they fail to provide the proper treatment.

In general, the statutes of limitations for these cases is 2.5 years from the date of the medical malpractice. For infants, this time period can be extended. It is important to consult an attorney immediately to ensure that all the evidence is gathered, and that a timely complaint be filed.

In addition to medical malpractice, a suit can also be brought on behalf of a baby for birth defects that result from wrongful exposure to chemicals and toxic substances that occur during the mother's pregnancy. Lawyers specially trained in birth defects are able to investigate these claims and prosecute them on behalf of the family.

Parents should be aware of the following characteristics 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 an array of mental or physical ailments. Certain birth defects can be fatal. Some of these issues are inherited, whereas others are due to environmental exposures or the use of prescription drugs during pregnancy.

Medical professionals or birth defect attorney doctors can be accused of negligence when they cause birth defects due to their actions or inaction. These cases typically involve medical negligence during the birth or labor process. They can also be a result of any perform a task that is not within the standard of medical care, for example failing to recognize an illness or prescribing the wrong medication during pregnancy.

One of these cases involves Teratogens. These drugs can result in birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must make an insurance claim.

It is essential to select an attorney who is experienced in handling these types of cases. Find a law firm that has a specialization in this area and operates on a contingency basis, so you won't have to pay a dime unless you succeed. Also, you should look for a lawyer with strong negotiation and communication abilities. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

A variety of birth defects cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. Most often, these disorders are genetic, but some of them may be caused by chemical or environmental exposure, or the medications the mother took during pregnancy.

Drug manufacturers are required to ensure that their products are tested properly and warn consumers of any risks. Sadly many pharmaceutical companies do not keep up with research or anticipate potential side consequences. Furthermore, doctors may prescribe dangerous medicines to their patients as well as some women do not receive the correct information regarding the risks associated with taking certain medications during pregnancy. These drugs, referred to as teratogens, can cause birth defects, such as spina-bifida in the fetus.

Other substances that can cause birth defects include chemicals used in agriculture and manufacturing, as well as heavy metals, like mercury, which are contaminating the air or groundwater. Diane Paolicelli's legal profession has been focused on combating powerful corporations that expose women to harmful chemicals and substances that may harm their reproductive health or cause birth defects.

If you decide to file lawsuits against the parties that are accountable for your child's health it is crucial to gather the most evidence you can. This includes any blood tests, ultrasound images and medical bills that arise due to the birth defect. This helps the attorney establish the financial worth of the case.

Product Liability

Pregnancy is among the most exciting and anxious experiences of the life of a woman. It's also the time that medical professionals can make mistakes that result in birth defects. A top lawyer can assist parents in filing an action and obtaining the money they deserve from those responsible for the handicap of their child.

Medical experts are not always able to determine the root of birth defects, but many of them can be due to environmental or chemical exposure. This can include parental contact with toxic chemicals at the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing as well as chemical pesticides used in agriculture and spraying on crops.

The manufacturers and the people who prescribe medications are also obliged to warn the public about the risks. A large number of these drugs are offered to pregnant women without warnings of the possibility of 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 defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases where birth defects result from exposure of parents to toxic chemicals such as those that are used in the manufacture of semiconductors or in agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.