What s Holding Back The Birth Defect Legal Industry

Birth Defect Litigation

Parents want perfect children however, there are some injuries that occur out of their control. Families can be left with huge bills when these injuries require costly procedures and special care.

A New York birth defect lawyer can assist parents who are stunned to file an appeal and obtain compensation to cover future expenses. However, the law places strict deadlines on when a claim needs to be filed.

Statute of Limitations

Modern medical technology and advances have aided in reducing the risks associated with childbirth, pregnancy and birth. Birth defects and injuries do still occur. If they can be prevented, families must explore their legal options.

Many birth defect lawsuits are founded on claims of medical malpractice. These cases may involve errors made by doctors or nursing staff at any time during pregnancy, labor and birth. Additionally medical professionals may be guilty of medical malpractice after the birth of a child when they fail to provide the correct treatment.

In general the statute of limitations in these cases is 2.5 years after the date of the medical negligence. For infants, this time period may be extended. However, it is essential to seek legal counsel as soon as you can to ensure that all evidence is obtained and that a timely claim can be filed.

A lawsuit may be filed on behalf of a baby for birth defects that are caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

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

Medical Malpractice

Birth defects can lead to numerous mental or physical issues. Some of them may even be fatal. Some of these issues are caused by genetics, while others are due to exposure to environmental factors or the usage of prescription drugs during pregnancy.

A doctor or medical professional could be accused of malpractice if they cause birth defects by their actions or inaction. These cases typically involve medical negligence during the birth or labor process. They may also involve any act of failure to perform a task that is not within the standard of medical treatment, for instance the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One such type of case involves a medication called teratogens. It can cause serious birth defect Law firms defects. During pregnancy, doctors typically advise women to not take this medication, which is utilized to treat seizures. If a woman is exposed to the drug then she should file an action.

It is essential to select an attorney with prior experience in these types of cases. Choose a law firm that specializes in this area, and works on an hourly basis, which means you don't have to pay any fees unless you succeed. Look for an attorney with outstanding negotiation and communication skills. This will help to ensure that you make your claim in time before the time limit expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities that require expensive medical treatment and Birth defect Law firms 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 by medications the mother was taking during pregnancy.

Drug manufacturers are required to test their products properly and warn the public of any risks that could be present. Unfortunately some pharmaceutical companies are not keeping up with the latest research or fail to anticipate possible side effects. Moreover, doctors may prescribe dangerous medicines to their patients, and some women do not receive the correct information regarding the risks of taking certain drugs during pregnancy. These medications, also known as teratogens may cause birth defects such as spina-bifida, in the fetus.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals such as mercury that affect groundwater or the air. Diane Paolicelli's legal profession has been dedicated to fighting powerful corporations that expose women to harmful chemicals and substances that could harm their reproductive health or lead to birth defects.

It is important to collect as all evidence you can before filing a suit against the parties responsible. Included in this are ultrasound images and blood tests as well as medical bills incurred as a result. This will help the attorney determine the monetary value of the case.

Product Liability

Pregnancy can be one of the most exciting, but stressful experiences in a woman's lifetime. It's also a time when medical professionals make mistakes that lead to birth defects. An experienced attorney can assist parents bring a lawsuit against those responsible for their child's condition and acquire the compensation they deserve.

While the causes of birth defects are generally unknown to medical experts however, a significant proportion can be attributed with exposure to chemicals or the environment. This may include contact by parents with toxic chemicals in the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing, as well as agricultural chemicals for pesticides and spraying of crops.

Furthermore, manufacturers and those who prescribe prescription drugs have a responsibility to warn people of their risks. A majority of these drugs is marketed to women who are pregnant without warnings of the potential for birth defects. This is particularly true for antidepressants such as Prozac and Zoloft.

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