The Ultimate Guide To Birth Defect Legal

Birth Defect Litigation

Some injuries are out of the parents' control. When these injuries require special treatment and expensive procedures, it can result in huge costs for families.

A New York birth defect lawyer can assist parents who are shocked to file an appeal and obtain compensation to pay for future expenses. However, birth defect lawsuits the law places strict deadlines on when a claim must be filed.

Statute of Limitations

Modern technology and medical advances have aided in reducing the risks related to pregnancy, childbirth and birth. However, birth defects and injuries can still occur. Families need to explore their legal options when they are preventable.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases can involve errors made by nurses or doctors at any point in the pregnancy, labor and delivery procedures. Additionally medical professionals can be guilty of medical malpractice after the birth of a baby when they fail to provide the proper treatment.

In general the statute of limitation for these cases are 2.5 years after the date of the medical mistake. For infants, the time can be extended. It is nevertheless important to seek legal advice as soon as you can to ensure that all evidence is obtained and that a timely claim be filed.

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

Parents should consider the following qualities when selecting an attorney to represent them in a suit for birth defect or injury:

Medical Malpractice

Birth defects can lead to various mental and physical ailments. Some of them may even be fatal. Some of these issues are inherited, whereas others are caused by exposure to environmental factors or the usage of prescription drugs during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defects by their actions or inaction. These cases typically are based on medical negligence during labor or delivery. However, they could also include any act or inability to act that falls short of the medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One example involves the teratogens. These drugs can cause birth defects that are serious. During pregnancy, doctors typically advise women to stay clear of this medication, which is commonly used in the treatment of seizures. If a pregnant woman is exposed to this drug, she should file a claim.

It is important that you select an attorney with experience in these types of cases. You should look for a firm that has years of experience in this field and is on contingency, which means you don't have to pay any fees until you win. Look for an attorney who has excellent communication and negotiation skills. This will help to ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

Many birth defect lawsuit defects cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. Most of the time, these issues are genetically inherited, but some can be caused by environmental or chemical exposure or medication that the mother consumed during pregnancy.

Drug manufacturers are required to test their products thoroughly and warn consumers about any risks. Unfortunately some pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate potential side effects. Additionally, doctors can prescribe dangerous drugs to patients, and some women do not receive the correct information regarding the risks of taking certain medications during pregnancy. These are known as teratogens. They could cause birth defects in the fetus, such as spina Bifida.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury, which pollute groundwater and air. Diane Paolicelli's legal career is dedicated to combating powerful corporations that expose women to harmful substances and chemicals that can harm their reproductive health or lead to birth defects.

If you are filing an action against the parties responsible for your child's condition, it is important to gather as much evidence as you can. This includes blood tests, ultrasound images, and medical bills that arise because of the birth defect. This assists the attorney in determining the monetary worth of the case.

Product Liability

Pregnancy can be one of the most exciting, and anxiety-inducing experiences in women's lives. But it's also a period when medical professionals can make mistakes that can lead to birth defects. A top attorney can assist parents in filing claims and Birth Defect Lawsuits getting the compensation they deserve from the people responsible for the disabilities of their child.

Although the causes of birth defects are generally not understood by medical professionals but a large proportion of birth defects are linked to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals in the workplace, for example glycol ethers and solvents used in semiconductor manufacturing, as well as chemical pesticides used in agriculture and spraying on crops.

The manufacturers and the people who prescribe medications are also obliged to warn people about the dangers. A large portion of these drugs are offered to women who are expecting without warnings about the possibility of birth defect. This is especially true for antidepressants like Prozac and Zoloft.

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