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

Birth Defect Litigation

Parents want their children to be perfect however, there are some injuries that occur outside their control. When these injuries require special care and costly procedures, it can cause families to incur huge costs.

A New York birth defect lawyer can help stunned parents file a claim and get compensation to cover future expenses. However, the law places strict deadlines for the time a claim has to be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce risks associated with pregnancy, childbirth and birth. However, birth defects and injuries do occur. If they're preventable, families must consider their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any time during pregnancy, labor and delivery procedures. In addition medical professionals can be guilty of medical malpractice following the birth of a child when they fail to provide proper treatment.

Generally speaking, the time-limit for these cases is generally 2.5 years from the date of the incident of medical malpractice. For infants this can be extended. It is important to consult 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 lawsuit may also be filed on behalf of an infant for birth defects that result from wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect attorneys defect lawyers can investigate and prosecute these claims on behalf of the family.

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

Medical Malpractice

Birth defects can lead to an array of physical or mental problems. Certain birth defects can cause death. Some of these issues could be genetic, while others are caused by environmental exposures or prescription drugs taken during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defects through their actions or inaction. These cases typically are caused by medical negligence during labor or delivery. However, they can include any act or Birth defect lawsuits inability to act that falls short of a medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One example is involving teratogens. These drugs can result in serious birth defects. In the course of pregnancy, doctors generally advise women to not take this medication, which is commonly used in the treatment of seizures. If an individual is exposed to the drug, then she must submit an action.

It is important to choose an attorney who has experience in handling these types of cases. You should choose an attorney who has years of experience in this field and is on contingency, which means you don't have to pay any fees until you win. Also, look for a lawyer who has excellent negotiation and communication skills. 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 that require expensive medical treatment and accommodations for the child. The majority of these problems are genetic, but some of them may be caused by chemical or environmental exposure, or medications that the mother consumed during pregnancy.

Drug makers are required to thoroughly test their products and warn consumers about any risks. Unfortunately some pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate potential adverse consequences. Certain doctors prescribe dangerous medications to their patients. Some women are not aware of the dangers associated with using certain drugs during pregnancy. These medications, also known as teratogens, can cause birth defects, such as spina-bifida, in the fetus.

Other substances that could cause birth defects include chemicals that are used in manufacturing and agriculture and heavy metals such as mercury that are contaminating groundwater and air. Diane Paolicelli's legal career has been focused on fighting powerful corporations who expose women to harmful substances and chemicals that can harm their reproductive health or lead to birth defects.

When bringing lawsuits against the people accountable for your child's condition it is crucial to gather the most evidence you can. Included in this are any ultrasound images, blood tests, and medical bills that are incurred as a result. This information assists the attorney to determine the worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking events in a woman's lifetime. It's also a time where many medical professionals make mistakes that could lead to birth defects. A top lawyer can assist parents in submitting claims and getting the compensation they deserve against the people responsible for the disabilities of their child.

Medical experts aren't always able to pinpoint the causes of birth defects, however many of them can be attributed to chemical or environmental exposure. This could be due to contact by parents with toxic chemicals in the workplace, for example glycol ethers and solvents that are used in semiconductor manufacturing as well as chemical pesticides used in agriculture and crop spraying.

Furthermore, manufacturers and those who prescribe prescription medications have a responsibility to warn people about the risks. A large number of these drugs is marketed to pregnant women without warnings about the possibility of birth defects. This is particularly true for antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects are caused by exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing or agricultural. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.