14 Common Misconceptions About Birth Defect Legal

birth defect law firm Defect Litigation

Some injuries are out of the parents or their control. When these injuries require special treatment and costly procedures, it could cause families to be faced with massive costs.

A New York birth defect attorney can assist parents grieving and file an appeal to be compensated for future expenses. However, the law puts strict deadlines on when a claim needs to be filed.

Statute of limitations

Modern technology and medical advances have made it possible to reduce the risks associated with childbirth, pregnancy and birth. However birth defects and injuries continue to occur. Families must consider their legal options if they are preventable.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing staff at any stage of labor, birth and pregnancy. In addition, medical professionals can commit medical malpractice following the birth of a child by failing to provide the correct treatment.

Generally speaking, the time limit for these cases is 2.5 years from the date of the incident of medical malpractice. For infants, this time is sometimes extended. It is nevertheless important to seek legal advice as soon as possible to ensure that all evidence is collected and that a timely claim can be filed.

In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defects resulting from improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit parents should look for the following qualities:

Medical Malpractice

Birth defects can cause various mental and physical ailments. Some birth defects may cause death. Some of these issues are caused by genetics, while others are due to environmental exposures or the use of prescription medications during pregnancy.

A doctor or medical professional may be accused of malpractice when they cause birth defects due to their actions or inaction. These cases are usually caused by medical negligence during labor or delivery. They can also include any act of failure to be in compliance with a standard of medical care, such as not diagnosing an illness or prescribing incorrect medication during pregnancy.

One such type of case is a medication called teratogens, which can cause serious birth defects. During pregnancy, doctors usually recommend women not to take this medication, which is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must submit an insurance claim.

It is crucial to select an attorney who is experienced in handling these types of cases. Look for a law firm that is specialized in this field and operates on a contingency basis, so there is no cost unless you win. Additionally, you should choose an attorney who has strong negotiation and communication abilities. This will help to ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities that require costly medical treatment and accommodations for the child. The majority of these problems are genetically inherited, but some of them can be caused by chemical or environmental exposure, or medications that the mother was taking during pregnancy.

Drug makers are required to test their products properly and warn the public of any risks that could be present. Unfortunately certain pharmaceutical companies don't keep up to date with the latest research or fail to anticipate possible side consequences. Additionally, doctors can prescribe dangerous drugs to patients, and some women do not receive adequate information on the risks associated with taking certain medications during pregnancy. These medications are referred to as teratogens. They can cause birth Defect Law Firms defects in the fetus, including spina Bifida.

Other substances that could cause birth defects are chemicals used in agriculture and manufacturing in addition to heavy metals like mercury, which are contaminating the groundwater or the air. Diane Paolicelli's legal profession has been focused on combating powerful corporations that expose women to toxic substances and chemicals that can damage their reproductive health or lead to birth defects.

When bringing lawsuits against the people who are responsible for your child's illness it is essential to gather the most evidence you can. This includes ultrasound images, blood tests, and medical bills incurred as a result of the birth defect. This helps the attorney establish the value of the case.

Product Liability

Pregnancy is among the most exciting and anxious experiences of a woman's lifetime. It's also the time that medical professionals make mistakes that lead to birth defects. An experienced attorney can assist parents make a claim against those who are responsible for their child's disabilities and receive the compensation they deserve.

Medical professionals aren't always able determine the causes of birth defects, but the majority of them can be due to environmental or chemical exposure. This may include contact by parents with toxic chemicals at the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as spraying of crops.

Additionally, the manufacturers and the people who prescribe prescription medications have a responsibility to inform patients of the risks. However, a significant portion of these drugs are sold off-label to women who are pregnant age without adequate warnings about the risk of birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and birth Defect Law Firms chemical companies. His practice is centered around cases that involve the occurrence of birth defects due to exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.