15 Reasons To Not Overlook Birth Defect Legal

Birth Defect Litigation

Some injuries are beyond the parents of their control. When injuries require specialized medical attention and expensive procedures, it could leave families with huge expenses.

A New York birth defect attorney can help parents in shock to file a claim to get compensation for future expenses. The law has strict time limits on when claims can be filed.

Statute of Limitations

Modern technology and medical advances have reduced the risks related to pregnancy, childbirth and birth. However birth defects and injuries do occur. Families should consider their legal options if they can be prevented.

Many birth defect lawsuits are founded on claims of medical malpractice. These cases can involve errors committed by nurses or doctors at any point during the labor and birth processes. Additionally medical professionals could be guilty of medical malpractice after the birth of a child, if they fail to provide proper care.

Generally speaking, the time-limit for these cases is 2.5 years from the date of the occurrence of medical malpractice. For infants, this time period may be extended. It is important to consult an attorney immediately to ensure that all evidence is collected and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects resulting from improper toxic and chemical exposures that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.

When choosing an attorney for a birth defect or birth injury lawsuit parents should be looking for the following characteristics:

Medical Malpractice

Birth defects can lead to many mental or physical issues. Some birth defects can cause death. Some of these problems are inherited, while others are due to environmental exposures or the use of prescription drugs during pregnancy.

A doctor or medical professional 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 delivery or labor. However, they can also be a result of any action or failure to act that is not in the range of a medical standard of care, like failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One example of situation is a drug known as teratogens, Birth defects which could cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug she must file an action.

It is crucial to select an attorney with experience handling these kinds of cases. Choose a law firm that specializes in this area, and works on an hourly basis, which means there is no cost unless you win. Choose an attorney with great negotiation and communication skills. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require expensive medical care and accommodations for the child. Most often, these disorders are genetic, but some can be caused by environmental or chemical exposure, or the medications the mother took while pregnant.

Pharmaceutical manufacturers are required to test their products thoroughly and warn the public of any potential risks. Unfortunately, some pharmaceutical companies do not keep up with the latest research or anticipate the potential adverse consequences. Certain doctors prescribe dangerous drugs to their patients. Moreover, some women are not informed about the dangers associated with taking certain medications while pregnant. These are known as teratogens, and they can cause birth defects in the fetus, such as 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 can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and substances that cause harm to their reproductive health and lead to birth defects.

It is essential to gather as much evidence as you can before filing a lawsuit against the responsible parties. This includes ultrasound scans, blood tests and medical bills incurred as a result of the birth defect. This assists the attorney in determining the financial value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful times in a woman's life. However, it's also a time where many medical professionals make mistakes that can lead to birth defects. A top attorney can help parents to file a claim against the medical professionals who are responsible for their child's disabilities and receive the compensation they deserve.

Although the causes of birth defects are usually unknown to medical professionals but a large proportion of birth defects can be linked with exposure to chemicals or the environment. This may include contact by parents with toxic chemicals at the workplace, like glycolethers and solvents utilized in semiconductor manufacturing, as well as chemical pesticides used in agriculture and spraying of crops.

The manufacturers and the people who prescribe medication must also warn the public about the dangers of their products. Yet, a large percentage of these drugs are marketed off-label to women who are pregnant age without adequate warnings about the possibility of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases involving the occurrence of birth defects due to exposure of parents to toxic chemicals such as those used in semiconductor manufacturing as well as agriculture. He is a graduate of American University in Washington, D.C. and birth defects Suffolk University Law School.