20 Things You Must Be Educated About Birth Defect Legal

Birth Defect Litigation

Certain injuries are beyond the parents of their control. Families are left with huge bills when these injuries require expensive procedures and specialized care.

A New York birth defect lawyer can assist parents who are shocked to file claims and receive compensation to pay for future expenses. The law has strict time limitations on when a claim can be filed.

Statute of Limitations

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

Many birth defect suits are stemming from accusations of medical malpractice. These cases may involve mistakes made by doctors or nurses at any point during the birth, labor and delivery processes. Medical professionals can also commit malpractice after the birth of a baby if they fail provide proper treatment.

In general, the statutes of limitation for these cases are 2.5 years from the date of the medical mistake. For infants this period can be extended. It is essential to talk with a lawyer whenever you can to ensure that all evidence is gathered, and that a timely complaint can be filed.

In addition to medical malpractice, a suit can also be brought on behalf of an infant for birth defects caused by improper toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

When selecting an attorney for a birth injury or defect lawsuit parents should be looking for birth defect lawyer the following characteristics:

Medical Malpractice

Birth defects can result in numerous mental or physical problems. Some of them could be fatal. Some of these issues are caused by genetics, while others are due to environmental exposures or the use of prescribed drugs during pregnancy.

A medical professional or doctor may be accused of negligence in the event of causing a birth defect through their actions or inaction. These cases are usually caused by medical negligence during delivery or labor. They can also be a result of any do something that is below the standard of medical care, like the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One example is involving teratogens. These medications can lead to birth defects that are serious. During pregnancy, doctors usually recommend women not to take this medication, which is used to treat seizures. If a pregnant woman is exposed to this medication, she must submit a claim.

It is crucial to choose an attorney with expertise in these kinds of cases. Look for birth defect lawyer a law firm that has a specialization in this area and works on an on a contingency basis, meaning you don't pay anything unless you get the case won. Additionally, you should choose a lawyer who has excellent negotiation and communication skills. This will ensure that you submit your claim before the statute of limitations expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to ensure that their products are tested properly and inform the public about any risks that could be present. Sadly certain pharmaceutical companies do not keep up with the latest research or foresee potential side effects. Certain doctors prescribe dangerous medications to their patients. Some women are not aware of the dangers associated with taking certain drugs while pregnant. These drugs are known as teratogens and can cause birth defects within the fetus, including spina Bifida.

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

It is crucial to gather as the evidence you can prior to filing a lawsuit against the responsible parties. This includes any ultrasound scans, blood tests and medical bills incurred as a result of the birth defect. This information helps attorneys determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting and anxiety-inducing experiences in a woman's lifetime. It's also the time that medical professionals are prone to making mistakes that cause birth defects. A top attorney can assist parents in submitting claims and getting the amount they deserve from those responsible for the disability of their child.

Medical experts are not always able to pinpoint the specific cause of birth defects, however a large number can be attributed to chemical or environmental exposure. 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 medications also have a duty to inform people about the dangers. Yet, a large percentage of these medications are sold off-label for women of childbearing age, without warnings about the potential for birth defect lawsuit defects. This is particularly applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases where birth defects are caused by parental exposure to toxic chemical like those employed in semiconductor manufacturing or agricultural. He is a graduate of the American University in Washington, D.C. as well as Suffolk University Law School.