14 Questions You Shouldn t Be Afraid To Ask About Birth Defect Legal

Birth Defect Litigation

Parents want their children to be perfect However, some injuries occur beyond their control. If injuries that result from these accidents require special treatment and costly procedures, it could cause families to be faced with massive costs.

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

Statute of Limitations

Modern medical technology and advancements in medical science have made it possible to reduce the risks associated with pregnancy, childbirth and birth. However birth defects and injuries continue to occur. Families must consider their legal options when they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any point in the labor and delivery processes. Additionally, medical professionals can commit medical malpractice following a child's birth if they fail to provide proper care.

Generally speaking, the statute of limitations in these cases is 2.5 years from when the act was committed of medical malpractice. The time limit can be extended to infants. It is nevertheless important to seek legal counsel immediately to ensure that all evidence is obtained and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that take place during the mother's pregnancy. Lawyers specially trained in birth defects can look into these claims and bring them to trial on behalf of the family.

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

Medical Malpractice

Birth defects can lead to various mental and physical problems. Some of them can be fatal. Some of these issues may be caused by genetics and others may be caused by exposure to the environment or prescription drugs taken during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects due to their actions or inaction. Most cases involve medical negligence during labor or delivery. They can also include any act of failure to perform a task that is not within the standard of medical care, like not diagnosing an illness or prescribing incorrect medication during pregnancy.

One example is involving Teratogens. These medications can cause serious birth defects. In the course of pregnancy, doctors generally advise women to avoid taking this medication, which is used in the treatment of seizures. If a pregnant woman is exposed to this drug, she should submit an insurance claim.

It is crucial to select an attorney who has prior experience in these types of cases. You should seek out a firm with extensive experience in this field. It also works on contingency, so you won't be charged anything until you win. Choose an attorney with excellent communication and negotiation skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require costly medical treatment and accommodations for the child. These problems are usually genetic, but they may also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products correctly and warn the public of any potential risks. Unfortunately certain pharmaceutical companies are not keeping up with the latest research or fail to anticipate potential side effects. Furthermore, doctors may prescribe dangerous medicines to their patients, and some women do not receive adequate information on the risks of taking certain drugs during pregnancy. These are known as teratogens. They can cause birth defect lawsuit defects in the fetus, including spina bifida.

Other substances that may cause birth defects are chemicals employed in the production and agricultural industries in addition to heavy metals such as mercury that are contaminating groundwater or the air. Diane Paolicelli's legal career is dedicated to fighting powerful corporations who expose women to toxic chemicals and birth defect lawyer substances that can cause harm to their reproductive health and cause birth defects.

It is essential to gather as much evidence as you can prior to making a claim against the parties accountable. Included in this are ultrasound images as well as blood tests and medical bills that are incurred due to. This allows the attorney to determine the monetary worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking events in a woman's lifetime. But it's also a period when many medical professionals make mistakes that could cause birth defect lawyers defects. An experienced attorney can help parents file a claim against those responsible for their child's condition and receive the justice they deserve.

While the causes of birth defects are often not understood by medical professionals but a large proportion of birth defects can be linked with exposure to chemicals or the environment. This can include exposure by parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

The manufacturers and the people who prescribe medications also have a duty to warn the public about the dangers of their products. Yet, a large percentage of these drugs are sold off-label for women of childbearing age, without warnings about the possibility of birth defects. This is especially applicable to antidepressants, such as 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 focuses on cases involving the occurrence birth defects caused by exposure of parents to toxic chemicals such as those used in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.