This Is The History Of Birth Defect Legal

Birth Defect Litigation

Some injuries are out of the parents in their control. Families are left with huge bills when these injuries require expensive procedures and special attention.

A New York birth defect lawyer can assist parents in filing an action and receive compensation to cover the cost of future expenses. However, the law puts strict deadlines for when a claim should be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks associated with pregnancy and childbirth. Birth defects and injuries do remain a possibility. When they are preventable, families must consider their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing personnel at any stage of labor, pregnancy and birth. Medical professionals can also be negligent 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. For infants, this time is sometimes extended. It is essential to speak with an attorney whenever you can to ensure that all evidence is gathered, and that a timely complaint be filed.

In addition to medical malpractice, a suit can also be filed on behalf of a baby for birth defects caused by improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

Parents should consider the following aspects when choosing an attorney to represent them in a lawsuit for birth defects or birth injuries:

Medical Malpractice

Birth defects can cause various mental and physical problems. Certain birth defects could cause death. Certain of these problems could be caused by genetics while others are caused through exposure to the environment or prescription drugs taken during pregnancy.

A doctor or medical professional could be accused of misconduct if they cause a birth defect through their actions or inaction. These cases are usually based on medical negligence during labor or delivery. However, they could also comprise any act or failure to act that falls short of a medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One example involves Teratogens. These drugs can cause birth defects that are serious. When pregnant, doctors usually advise women to not take this medication, which is used in the treatment of seizures. If an individual is exposed to the drug then she must submit an insurance claim.

It is essential to select an attorney who has experience in handling these kinds of cases. It is best to choose an attorney with years of experience in this field and is based on contingency, meaning that you don't have to pay anything until you win. Also, you should look for a lawyer with strong communication and negotiation abilities. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities, which require expensive medical care and accommodations for the child. These issues are often caused by genetics, but can also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.

Drug manufacturers have an obligation to adequately test their products and warn consumers about any risks. Unfortunately certain pharmaceutical companies don't keep up to date with the latest research or fail to anticipate possible side effects. Moreover, doctors may prescribe dangerous drugs to their patients and women may not have adequate information about the risks associated with taking certain medications during pregnancy. These drugs are known as teratogens, and they may cause birth defects in the fetus. This includes spina bifida.

Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury which affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and substances that can harm their reproductive health and lead to birth defects.

It is essential to gather as the evidence you can before making a claim against the responsible parties. Included in this are ultrasound images as well as blood tests and medical bills incurred as a result. This will help the attorney determine the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful moments in a woman's life. It's also a time when medical professionals can make mistakes that result in birth defects. A top lawyer can assist parents in filing claims and getting the compensation they deserve against the people responsible for the disabilities of their child.

Medical experts are not always able to determine the exact cause of birth defects, but most of them can be attributable to environmental or chemical exposure. This could include contact from parents with toxic chemicals at the workplace, such as glycolethers and solvents utilized in semiconductor manufacturing as well as chemical pesticides used in agriculture and spraying of crops.

Furthermore, Birth Defect Lawsuits manufacturers and those who prescribe prescription drugs have a responsibility to inform people about the risks. However, a significant portion of these drugs are sold off-label for women of childbearing age, without warnings about the risk of birth defects. This is especially applicable to antidepressants, such as Prozac and Zoloft.

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