20 Things You Should Be Educated About Birth Defect Legal

Birth Defect Litigation

Certain injuries are beyond the parents' control. If these injuries require special care and costly procedures, it can cause families to incur huge costs.

A New York birth defect lawyer can assist parents who are shocked to file an action and receive compensation to cover the cost of future expenses. However, the law imposes strict deadlines for the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks of childbirth and pregnancy. Birth defects and injuries do remain a possibility. If they're preventable families should consider their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors personnel at any stage of labor, birth and pregnancy. Medical professionals may also commit malpractice after the birth of a child by failing to provide the correct treatment.

In general, birth defect lawsuits the statutes of limitations in these cases is 2.5 years from the date of the medical malpractice. This time frame can be extended for infants. It is nevertheless important to seek legal advice as soon as possible to ensure that all evidence has been collected and that a timely claim can be filed.

A lawsuit may be filed on behalf of a child to claim birth defects that are caused by toxic and chemical exposures during pregnancy. Specially trained birth defects lawyers can look into these claims and pursue them on behalf of the family.

Parents should take into consideration the following factors when choosing an attorney to represent their interests in a lawsuit filed for birth defects or birth injuries:

Medical Malpractice

Birth defects can lead to various mental and physical ailments. Certain birth defects could be fatal. Some of these problems are caused by genetics, while others are caused by exposure to the environment or the use of prescription drugs during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defects due to their actions or inaction. These cases are usually based on medical negligence during delivery or labor. However, they may also be a result of any action or failure to act in excess of a medical standard of care, such as failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One such type of situation involves a drug called teratogens, which can cause birth defects that are serious. In the course of pregnancy, doctors generally advise women to avoid taking this medication, which is commonly used in the treatment of seizures. If a pregnant woman is exposed to this medication, she must make a claim.

It is essential to choose an attorney who has experience in these types of cases. You should seek out a firm with experience in this field and operates on contingency basis, which means you don't have to pay anything until you are successful. Look for an attorney who has excellent communication and negotiation skills. This will help ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities that require expensive medical treatment and accommodations for the child. Most of the time, these issues are inherited, but a few can be caused by chemical or environmental exposure, or the medications the mother was taking during pregnancy.

Drug manufacturers have an obligation to test their products thoroughly and inform consumers of any risks. Unfortunately certain pharmaceutical companies don't keep up to date with the latest research or fail to anticipate possible side effects. Additionally, doctors can prescribe dangerous drugs to patients as well as some women do not have adequate information about the dangers of taking certain medications during pregnancy. These drugs, known as teratogens can cause birth defects, like spina-bifida in the fetus.

Other substances that can cause birth defects include chemicals that are used in manufacturing and agriculture, as well as heavy metals such as mercury that are contaminating groundwater or the air. Diane Paolicelli's legal profession has been dedicated to combating powerful corporations that expose women to harmful chemicals and substances that may affect their reproductive health or lead to birth defects.

When bringing lawsuits against the parties responsible for Birth defect lawsuits your child's condition, it is important to gather as much evidence as you can. This includes any ultrasound scans, blood tests and medical bills incurred due to the birth defect. This helps the attorney establish the financial value of the case.

Product Liability

Pregnancy is among the most exciting, yet anxiety-inducing experiences in a woman's lifetime. However, it's also a time where many medical professionals make mistakes that could lead to birth defects. An experienced attorney can help parents in filing claims and getting the compensation they deserve from the people responsible for the disabilities of their child.

Medical experts aren't always able to pinpoint the causes of birth defects, however the majority of them can be attributed to chemical or environmental exposure. This could include contact from parents with toxic chemicals in the workplace, for example glycol ethers and solvents that are used in semiconductor manufacturing as well as agricultural chemicals for pesticides and spraying crops.

Furthermore, manufacturers and those who prescribe prescription medicines are required to inform consumers of the dangers. However, a lot of these drugs are offered off-label to women of childbearing age without proper warnings about the potential for birth defects. This is particularly applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits (www.Sdflex.kr) against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects result from exposure to toxic chemicals by parents such as those used in the manufacture of semiconductors or in agriculture. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.