It Is The History Of Birth Defect Legal

Birth Defect Litigation

Some injuries are out of the parents or their control. Families could be faced with huge debts when these injuries require costly procedures and special care.

A New York birth defect lawyer can assist parents who are shocked to file claims and receive compensation to cover future costs. However, the law has strict deadlines when a claim needs to be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks associated with childbirth and pregnancy. However, birth defects and injuries continue to occur. If they're preventable, families need to explore 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 point in the labor and birth processes. Additionally medical professionals can be guilty of medical malpractice following the birth of a child, by failing to provide the correct treatment.

Generally, the time limit for these cases is 2.5 years from when the act was committed of medical negligence. For infants, 133.6.219.42 this is sometimes extended. It is essential to talk with a lawyer whenever you can to ensure that all evidence is gathered and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

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

Medical Malpractice

Birth defects can cause a variety of mental and physical ailments. Certain birth defects could be fatal. Some of these problems are inherited, while others are due to exposure to environmental factors or the use of prescribed drugs during pregnancy.

A medical professional or doctor could be convicted of malpractice in the event of causing birth defects due to their actions or inaction. Most cases involve medical negligence during the birth or labor process. They can also be a result of any act of failure to act which falls below a standard of medical care, such as the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One such case involves the teratogens. These drugs can result in serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must make a claim.

It is important to choose an attorney who has handled these kinds of cases. Look for a law firm that has a specialization in this field and operates on a contingency basis, so there is no cost unless you are successful. Also, look for a lawyer with strong communication and negotiation skills. This will help to ensure that you make your claim in time before the statute of limitations expires.

Prescription Drugs

A lot of birth defects can cause mental or physical disabilities, that require expensive medical treatment and accommodations for the child. These conditions are often caused by genetics, but can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.

Drug makers are required to test their products correctly and inform the public about any potential dangers. Unfortunately certain pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate possible adverse effects. In addition, doctors can prescribe dangerous medications to their patients and women may not receive the correct information regarding the dangers of taking certain drugs during pregnancy. These medications are referred to as teratogens. They could cause birth defects in the fetus including spina bifida.

Other substances that may cause birth defects are chemicals used in agriculture and manufacturing in addition to heavy metals such as mercury, which are contaminating the air or groundwater. Diane Paolicelli's career in law has been dedicated to fighting powerful corporations who expose women to toxic chemicals and substances that may harm their reproductive health or lead to birth defects.

When bringing a lawsuit against the parties that are accountable for your child's health, it is important to gather the most evidence you can. Included in this are any ultrasound images and blood tests as well as medical bills that are incurred as a result. This allows the attorney to 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 cause birth defects. A top lawyer can help parents bring a lawsuit against those responsible for their child's disability and acquire the compensation they deserve.

Medical experts are not always able to determine the causes of birth defects, however the majority of them can be attributable to environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for spraying for crops and pesticides.

In addition, the manufacturer and those who prescribe prescription drugs have a responsibility to inform people about the risks. A majority of these drugs are offered to pregnant women without warnings of the potential for birth defect. This is particularly applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases involving the occurrence birth defects caused by exposure of parents to toxic chemicals such as 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.