5 Tools That Everyone Working In The Birth Defect Legal Industry Should Be Utilizing

Birth Defect Litigation

Certain injuries are beyond the parents or their control. Families could be faced with a large bill when injuries require costly procedures and specialized care.

A New York birth defect attorney can help parents in shock file a claim to get compensation for future expenses. However, the law has strict deadlines for when a claim must be filed.

Statute of limitations

Modern medical technology and advances have made it possible to reduce the risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries do persist. If they can be prevented, families must consider their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases can involve mistakes made by nurses or doctors staff at any time during labor, pregnancy and birth. Additionally, medical professionals can commit medical malpractice after the birth of a child, by failing to provide the correct treatment.

Generally, the statute of limitations in these cases is generally 2.5 years from the date of the occurrence of medical negligence. For infants, this time can be extended. It is crucial to consult a lawyer early enough to ensure that all evidence is collected, and that a timely complaint can be filed.

A lawsuit can be filed on behalf of a child for birth defects that are caused by chemical and Birth defect attorney toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate the claims and then prosecute them on behalf of the family.

Parents should take into consideration the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth defects or birth injuries:

Medical Malpractice

Birth defects can cause various mental and physical issues. Some birth defects can be fatal. Some of these problems are inherited, while others are caused by exposure to environmental factors or the usage of prescription medications during pregnancy.

A medical professional or doctor may be accused of negligence in the event of causing birth defects by their actions or inaction. These cases typically are based on medical negligence in labor or delivery. However, they can also comprise any act or failure to act that is not in the range of the medical standard of care, like failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One example involves the teratogens. These medications can lead to serious birth defects. During pregnancy, doctors usually advise women to stay clear of this medication, which is commonly used in the treatment of seizures. If a pregnant woman is exposed to this drug, she should file a claim.

It is important that you select an attorney who has experience in these types of cases. Find a law firm that is experienced in this area, and works on a contingency basis, so you don't pay anything unless you succeed. Additionally, you should choose a lawyer who has excellent negotiation and communication abilities. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities which require expensive medical care and accommodations for the child. The majority of these problems are inherited, but a few of them are caused by environmental or chemical exposure, or the medications the mother consumed during pregnancy.

Drug manufacturers have an obligation to ensure that their products are tested properly and warn consumers of any risks. Sadly certain pharmaceutical companies do not keep up with the latest research or foresee potential side effects. Moreover, doctors may prescribe dangerous drugs to patients and women may not have adequate information about the risks of taking certain drugs during pregnancy. These drugs are referred to as teratogens. They can cause birth defects within the fetus. This includes spina Bifida.

Other substances that could cause birth defects include chemicals employed in the production and agricultural industries as well as heavy metals, like mercury, which are contaminating the groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and substances that can damage their reproductive health and lead to birth defects.

It is crucial to gather as the evidence you can before filing a suit against the parties responsible. This includes ultrasound images, blood tests, and medical bills that came up because of the birth defect. This assists the attorney in determining the monetary value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking events in a woman's lifetime. But it's also a time where medical professionals often make mistakes that could lead to birth defects. An experienced attorney can assist parents to file a claim against the medical professionals responsible for their child's condition and acquire the justice they deserve.

Medical experts aren't always able determine the root of birth defects, but the majority of them can be caused by environmental or chemical exposure. This can include parental exposure to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in pesticides and crop spraying.

In addition, the manufacturer and those who prescribe prescription drugs must inform people of their risks. A large portion of these drugs are offered to women who are expecting without warnings about the possibility of birth defects. This is especially applicable to antidepressants such Prozac and birth defect attorney Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases involving the occurrence birth defects that result from parental exposure to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.