The Ultimate Guide To Birth Defect Legal

Birth Defect Litigation

Parents want perfect children, but some injuries happen outside of their control. When these injuries require special care and costly procedures, it could leave families with huge expenses.

A New York birth defect lawyer can help stunned parents file an action and receive compensation to cover future costs. The law has strict time limits for when claims can be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks of childbirth and pregnancy. However, birth defects and injuries can still occur. Families need to explore their legal options if they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any stage of pregnancy, birth defect Lawsuits labor and birth. Medical professionals may also commit malpractice after the birth of a child in the event that they fail to provide appropriate treatment.

Generally speaking, the time-limit for these cases is 2.5 years from the date of the occurrence of medical negligence. The time limit is extended for infants. However, it is essential to seek legal advice immediately to ensure that all evidence is collected and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of a baby for birth defects that result from wrongful exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect attorneys defect lawyers can look into the claims and then prosecute them on behalf of the family.

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

Medical Malpractice

Birth defects can cause numerous mental or physical problems. Certain birth defects could cause death. Some of these issues could be caused by genetics and others may be caused by exposure to the environment or prescription medications used during pregnancy.

A doctor or medical professional may be accused of negligence if they cause a birth defect through their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they may also comprise any act or failure to act that is not in the range of the medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One example of this type of case is a medication called teratogens, which can cause serious birth defects. When pregnant, doctors usually advise women to stay clear of this medication, which is used in the treatment of seizures. If a pregnant woman is exposed to this drug, she should make an insurance claim.

It is crucial to select an attorney who is experienced in handling these kinds of cases. Choose a law firm that has a specialization in this area, and works on an hourly basis, which means there is no cost unless you win. Also, search for a lawyer who has excellent negotiation and communication skills. This will help ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

Many birth defects can cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. These disorders are usually genetic, but can also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and warn consumers about any potential risks. Sadly certain pharmaceutical companies fail to keep up with research or foresee potential side consequences. Some doctors prescribe dangerous drugs to their patients, and some women are not informed about the risks associated with taking certain drugs while pregnant. These drugs, also known as teratogens, can cause birth defects such as spina-bifida that can occur in the fetus.

Other substances that may cause birth defects are chemicals used in manufacturing and agriculture in addition to heavy metals, like mercury, which are contaminating the groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that can damage their reproductive health and lead to birth defects.

It is crucial to collect as the evidence you can before filing a lawsuit against the responsible parties. This includes ultrasound images, blood tests and birth defect lawsuits medical bills that arose as a result of the birth defect. This information helps the attorney determine the value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful times in a woman's life. It's also a time when many medical professionals can make mistakes that result in birth defects. A top attorney can assist parents in filing a claim and obtaining the compensation they deserve against those responsible for the disability of their child.

While the causes of birth defects are often unknown to medical experts but a large proportion of birth defects can be attributed to exposure to chemicals or environmental factors. This may include contact by parents with toxic chemicals at the workplace, such as glycolethers and solvents utilized in semiconductor manufacturing, and agricultural chemicals used for pesticides as well as crop spraying.

The pharmaceutical companies and those who prescribe medication are also obliged to inform the public about the dangers of their products. A significant portion of these drugs are marketed to women who are pregnant without warnings of the possibility of birth defect. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits (itsroom.co.kr) against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects result from exposure to toxic chemicals in the home by parents, such as those employed in the manufacture of semiconductors or in agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.