This Is The History Of Birth Defect Legal

Birth Defect Litigation

Some injuries are beyond the parents' control. If injuries that result from these accidents require special treatment and expensive procedures, it can cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents who are stunned to file a claim and get compensation to cover future expenses. The law has strict time limits on when a claim may be filed.

Statute of Limitations

Modern technology and medical advances have made it possible to reduce the risks related to pregnancy, childbirth and birth. Birth defects and injuries do persist. Families must consider their legal options when they are preventable.

Many birth defect lawsuits are based on allegations of medical malpractice that occurred. These cases may involve errors made by doctors or nursing staff at any time during labor, birth and pregnancy. Medical professionals may also be guilty of malpractice following the birth of a baby in the event that they fail to provide appropriate treatment.

In general the statute of limitations in these cases are 2.5 years after the date of the medical error. For infants this period may be extended. It is nevertheless important to seek legal advice early enough to ensure that all evidence is obtained and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of an infant for birth defects resulting from improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

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

Medical Malpractice

Birth defects can lead to various mental and physical issues. Some of them can be fatal. Some of these problems may be caused by genetics while others are triggered by exposure to environmental factors or prescription medications used during pregnancy.

A doctor or medical professional could be accused of misconduct when they cause birth defects due to their actions or inaction. These cases typically are caused by medical negligence during delivery or labor. They also encompass any other act which falls below a standard of medical care, like not diagnosing an illness or prescribing incorrect medication during pregnancy.

One example involves Teratogens. These medications can lead to serious birth defects. In the course of pregnancy, doctors generally advise women to not take this medication, which is commonly used to treat seizures. If women are exposed to the drug, she must submit an action.

It is crucial to select an attorney with experience handling these kinds of cases. Find a firm that has a specialization in this area and works on an on a contingency basis, meaning you don't have to pay any fees unless you succeed. Choose an attorney with an excellent ability to communicate and negotiate. This will help ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

A lot of birth defects can cause physical or mental disabilities, that require costly medical treatment and accommodations for the child. Most of the time, these issues are inherited, but a few of them are caused by environmental or chemical exposure, or the medications the mother consumed during pregnancy.

Drug manufacturers are required to ensure that their products are tested properly and inform consumers of any potential risks. Sadly certain pharmaceutical companies fail to keep up with the latest research or anticipate potential side consequences. Certain doctors prescribe dangerous drugs to their patients. Moreover, birth defect lawyer some women are not informed about the risks associated with taking certain medications during pregnancy. These medications, also known as teratogens may cause birth defects, like spina-bifida, which is a birth defect in the fe.

Other substances that may cause birth defects are chemicals employed in the production and agricultural industries as well as heavy metals, like mercury that are contaminating groundwater and air. Diane Paolicelli's legal career has been dedicated to combating powerful corporations that expose women to harmful chemicals and substances that could harm their reproductive health or lead to birth defects.

If you are filing an action against the parties accountable for your child's condition it is essential to gather as much evidence as you can. This includes any ultrasound images, blood tests, and medical bills incurred due to the birth defect law firm defect. This information assists the attorney assess the value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. It's also a time where medical professionals make mistakes that result in birth defects. An experienced attorney can help parents in submitting an appeal and gaining the money they deserve from those responsible for the disability of their child.

Medical experts are not always able of determining the causes of birth defects, however most of them can be attributable to environmental or chemical exposure. This may include contact by parents with toxic chemicals in the workplace, like glycol ethers and solvents used in semiconductor manufacturing, and chemical pesticides used in agriculture and crop spraying.

In addition, the manufacturer and the people who prescribe prescription medications have a responsibility to inform people of their risks. However, a significant portion of these drugs are marketed off-label to women who are pregnant age, without warnings about the risk of birth defects. This is especially applicable to 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. He focuses his practice on cases that involve the occurrence of birth defects due to parental exposure to toxic chemicals, such as those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.