15 Shocking Facts About Birth Defect Legal

Birth Defect Litigation

Some injuries are out of the parents in their control. Families could be faced with huge bills when these injuries require expensive procedures and special care.

A New York birth defect lawyer can assist parents who are shocked to file an action and receive compensation to cover future costs. The law has strict time limitations on when a claim may be filed.

Statute of Limitations

Modern technology and medical advances have reduced the risks associated with pregnancy, childbirth and birth. However, birth defects and injuries do occur. Families must consider their legal options if they are preventable.

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing staff at any stage of labor, birth and pregnancy. Additionally medical professionals can be guilty of medical malpractice following the birth of a child, when they fail to provide the proper treatment.

In general the statute of limitations for these cases is 2.5 years from the date of the medical negligence. For infants this period can be extended. However, it is essential to seek legal counsel early enough to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a suit can also be filed on behalf of a baby for birth defects resulting from improper toxic and chemical exposures that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases 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 various mental and physical issues. Some birth defects may cause death. Some of these problems may be caused by genetics while others are triggered by environmental exposures or prescription drugs taken during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause a birth defect through their actions or inaction. The most common cases involve medical negligence during labor or delivery. They may also involve any other do something that is below the standard of medical care, like not diagnosing an illness or prescribing incorrect medication during pregnancy.

One example of situation is a drug known as teratogens, which could cause birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug then she should make an insurance claim.

It is important that you choose an attorney who has previous experience in these cases. Look for a law firm that is experienced in this area, and Hannelore Flanders works on an hourly basis, which means you don't pay anything unless you win. Also, look for a lawyer with strong communication and negotiation abilities. This will ensure that you make your claim in time before the time limit expires.

Prescription Drugs

Many birth defects can cause physical or mental disabilities that require costly medical treatment and accommodations for the child. These disorders are usually genetic, but they can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Drug manufacturers are required to adequately test their products and inform consumers of any potential risks. Unfortunately some pharmaceutical companies fail to keep up with research or anticipate the potential adverse consequences. Moreover, doctors may prescribe dangerous drugs to their patients and women may not have adequate information about the risks associated with taking certain drugs during pregnancy. These drugs, referred to as teratogens can 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 like mercury which pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and substances that affect their reproductive health and cause birth defect law firm defects.

It is crucial to gather as the evidence you can prior to filing a suit against the parties accountable. 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 monetary worth of the case.

Product Liability

Pregnancy is among the most exciting, and anxious experiences of the life of a woman. It's also the time when medical professionals are prone to making mistakes that result in birth defects. An experienced attorney can help parents in submitting an action and obtaining the money they deserve from those responsible for the handicap of their child.

While the causes of birth defects are typically unknown to medical professionals however, many of them can be attributed to exposure to chemicals or environmental factors. This could include contact from parents with toxic chemicals in the workplace, for example glycol ethers and solvents used in semiconductor manufacturing, as well as agricultural chemicals used for pesticides as well as spraying of crops.

Furthermore, manufacturers and those who prescribe prescription medicines have a responsibility to inform people of their risks. A large number of these drugs is marketed to pregnant women without warnings about the risk of birth defects. This is especially 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 chemical companies. He focuses his practice on cases involving the development of birth defects due to 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.