14 Questions You re Afraid To Ask About Birth Defect Legal

Birth Defect Litigation

Some injuries are out of the parents of their control. Families may be left with a huge bill when injuries require costly procedures and special attention.

A New York birth defect lawyer can assist parents who are shocked to file an action and receive compensation to pay for future expenses. However, the law puts strict deadlines on when a claim needs to be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks associated with pregnancy and childbirth. However birth defects and injuries do occur. Families need to consider their legal options if they can be prevented.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing staff at any time during labor, birth and pregnancy. Additionally, medical professionals can commit medical malpractice following the birth of a child if they fail to provide the correct treatment.

Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the incident of medical negligence. For infants this is sometimes extended. However, it is essential to seek legal advice immediately to ensure that all evidence is gathered and that a timely claim can be filed.

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

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

Medical Malpractice

Birth defects can cause a wide range of mental or physical problems. Some birth defects may be fatal. Some of these problems may be genetic while others are triggered through exposure to the environment or prescription medications taken during pregnancy.

A doctor or medical professional could be accused of misconduct if they cause a birth defect through their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they could also include any act or inability to act that falls short of the medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One such case involves teratogens. These drugs can cause birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug, she must file a claim.

It is vital to select an attorney with prior experience in these types of cases. Choose a law firm that has a specialization in this area and operates on an on a contingency basis, meaning you don't have to pay any fees unless you win. Find an attorney who has excellent communication and negotiation skills. This will help ensure that you submit your claim before the time limit expires.

Prescription Drugs

A lot of birth defects can cause physical or mental disabilities, which require costly medical care and accommodations for the child. These disorders are usually genetic, but they may also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and inform consumers of any potential risks. Unfortunately some pharmaceutical companies fail to keep up-to-date with the latest research or fail to anticipate potential side consequences. Additionally, doctors can prescribe dangerous drugs to their patients and women may not receive adequate information on the dangers of taking certain drugs during pregnancy. These drugs, also known as teratogens, may cause birth defects, such as spina-bifida that can occur in the fetus.

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

It is important to collect as the evidence you can before filing a suit against the responsible parties. This includes any blood tests, ultrasound images and medical bills that arise due to the birth defect. This information helps the attorney assess the value of the case.

Product Liability

Pregnancy can be one of the most exciting, but anxious experiences of a woman's lifetime. It's also the time that medical professionals can make mistakes that cause birth defects. An experienced attorney can help parents bring a lawsuit against those responsible for their child's disability and get the justice they deserve.

Medical experts aren't always able to pinpoint the exact cause of birth defects, but many of them can be caused by environmental or chemical exposure. This could be due to contact by parents with toxic chemicals at the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing, as well as chemical pesticides used in agriculture and spraying crops.

The pharmaceutical companies and those who prescribe medication are also required to inform the public about the dangers of their products. However, a significant portion of these drugs are sold off-label to women who are pregnant age without proper warnings about the risk of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects result from parental exposure to toxic chemical, such as those employed in semiconductor manufacturing or agriculture. He is a graduate from the American University in Washington, D.C., and Suffolk University Law School.