How To Explain Birth Defect Legal To Your Boss

Birth Defect Litigation

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

A New York birth defect attorney can help parents who are shocked to file an action to receive compensation for future expenses. However, the law imposes strict deadlines when a claim should be filed.

Statute of Limitations

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

Many birth defect suits are stemming from claims of medical malpractice. These cases could involve mistakes made by doctors or nursing staff at any time during pregnancy, labor and birth. Medical professionals can also be negligent after the birth of a baby by failing to provide the correct treatment.

In general the statute of limitations in these cases is 2.5 years from the date of the medical negligence. For infants, the time period may be extended. However, it is important 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 brought on behalf of a baby for birth defects caused by wrongful toxic and chemical exposures that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

Parents should be aware of the following qualities when selecting an attorney to represent their interests in a lawsuit filed for birth injury or defect:

Medical Malpractice

Birth defects can lead to a wide range of mental or physical problems. Some birth defects can cause death. Some of these issues are genetic, but others are due to environmental exposures or the use of prescribed drugs during pregnancy.

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

One instance of case is a medication known as teratogens, which could cause serious birth defects. During pregnancy, doctors typically advise women to avoid taking this medication, which is commonly used in the treatment of seizures. If a woman who is pregnant is exposed to this medication, she must submit an insurance claim.

It is important that you choose an attorney who has previous experience in these cases. Find a law firm that has a specialization in this field and operates on a contingency basis, so there is no cost unless you win. Look for an attorney who has excellent communication and negotiation skills. This will ensure that you submit your claim before the statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, which require expensive medical care and accommodations for the child. Often, these conditions are genetic, but some of them can be caused by chemical or environmental exposure, or the medications the mother took during pregnancy.

Drug manufacturers have an obligation to adequately test their products and warn consumers about any potential risks. Sadly certain pharmaceutical companies do not keep up with research or anticipate possible side effects. In addition, doctors can prescribe dangerous drugs to patients, and some women do not receive the correct information regarding the risks of taking certain drugs during pregnancy. These are known as teratogens, and they can cause birth defects in the fetus including spina Bifida.

Other substances that can cause birth defects are the chemicals used in the manufacturing and agricultural industries, 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 affect their reproductive health and cause birth defects.

It is important to collect as many evidences as you can prior to filing a lawsuit against the responsible parties. This includes ultrasound images, blood tests and medical bills incurred because of the birth defect. This assists the attorney in determining the monetary value of the case.

Product Liability

Pregnancy can be one of the most exciting, and anxiety-inducing experiences in the life of a woman. But it's also a period when medical professionals can make mistakes that could cause birth defects. A reputable attorney can assist parents in submitting an action and obtaining the amount they deserve from the people responsible for the disabilities of their child.

Although the causes of birth defects are often unknown to medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental factors. This may include contact by parents with toxic chemicals at the workplace, like solvents and glycol ethers used in semiconductor manufacturing, and chemical pesticides used in agriculture and spraying of crops.

The pharmaceutical companies and those who prescribe medication must also warn the public about the risks. Yet, a large percentage of these drugs are sold off-label for women of childbearing age without adequate warnings about the possibility of birth defects. This is especially true for antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect attorneys defect lawsuits against chemical and pharmaceutical companies. His practice focuses on cases involving the occurrence of birth defect law firms defects caused by exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.