Five Tools That Everyone Is In The Birth Defect Legal Industry Should Be Making Use Of

Birth Defect Litigation

Certain injuries are beyond the parents of their control. When injuries require specialized medical attention and expensive procedures, it could leave families with huge expenses.

A New York birth defect lawyer can help stunned parents file an action and receive compensation to cover future expenses. However, the law has strict deadlines on when a claim should be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries do occur. When they are preventable, families should consider their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any point during labor, birth and pregnancy. Medical professionals can also be negligent following the birth of a baby when they fail to provide the proper treatment.

In general the statute of limitations for these cases are 2.5 years from the date of the medical mistake. For infants, this period can be extended. It is important to consult a lawyer as soon as you can to ensure that all the evidence is collected and that a timely complaint can be filed.

In addition to medical malpractice, a suit may also be filed on behalf of a baby for birth defects caused by wrongful exposure to chemicals and toxic substances that occur during the mother's pregnancy. Lawyers specially trained in birth defect attorneys defects can investigate and pursue these claims on behalf of the family.

When selecting an attorney for a birth injury or defect lawsuit parents should consider the following qualities:

Medical Malpractice

Birth defects can trigger a wide range of mental or physical ailments. Some birth defects can be fatal. Some of these problems are genetic, but others are due to exposure to environmental factors or the usage of prescription drugs during pregnancy.

A medical professional or doctor could be convicted of malpractice if they cause birth defects through their actions or inaction. These cases typically are based on medical negligence in labor or delivery. However, they may also include any act or inability to act that is not in the range of a medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One such type of case is a medication called teratogens, which can cause serious birth defects. During pregnancy, doctors usually advise women to avoid taking this medication, which is commonly used to treat seizures. If a woman is exposed to the drug she must submit an insurance claim.

It is important to select an attorney who is experienced in handling these kinds of cases. It is best to choose a firm with experience in this field and is on contingency, which means you don't pay anything until you win. Look for an attorney with an excellent ability to communicate and negotiate. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require expensive medical care and accommodations for the child. The majority of these problems are genetically inherited, but some of them can be caused by environmental or chemical exposure or medication that the mother consumed during pregnancy.

Drug manufacturers are required to ensure that their products are tested properly and warn consumers of any risks. Unfortunately some pharmaceutical companies fail to keep up-to-date with current research or fail to anticipate potential side consequences. Some doctors recommend dangerous drugs to their patients. Moreover, some women are not aware of the risks of taking certain drugs while pregnant. These medications are referred to as teratogens. They can cause birth defects in the fetus, such as spina bifida.

Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, Birth Defects and heavy metals such as mercury that contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that could harm their reproductive health and cause birth defects.

It is crucial to collect as all evidence you can prior to filing a lawsuit against the parties accountable. Included in this are any ultrasound images or blood tests, as well as medical bills that are incurred as a result. This information can help attorneys determine the worth of the case.

Product Liability

Pregnancy is among the most exciting, but anxiety-inducing experiences in a woman's lifetime. However, it's also a time when many medical professionals make mistakes that can cause birth defects. An experienced attorney can assist parents make a claim against those who are responsible for their child's disabilities and get the proper compensation they're entitled to.

Although the causes of birth defects are often unknown to medical professionals but a large proportion of birth defects are linked to environmental or chemical exposure. This can include parental contact with toxic chemicals at the workplace, such as glycolethers and solvents utilized in semiconductor manufacturing, and agricultural chemicals for pesticides and spraying crops.

Manufacturers and those who prescribe medicines must also inform the public about the dangers of their products. Yet, a large percentage of these medications are sold off-label to women of childbearing age without adequate warnings about the potential for 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. His practice is centered around cases involving the occurrence birth defects due to exposure of parents to toxic chemicals, including the ones used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.