14 Misconceptions Commonly Held About Birth Defect Legal

Birth Defect Litigation

Some injuries are out of the parents' control. When these injuries require special treatment and expensive procedures, it could cause families to incur huge costs.

A New York birth defect lawyer can assist parents in filing claims and receive compensation to cover future costs. The law has strict time limits on when a claim may be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks associated with childbirth and pregnancy. Birth defects and injuries do continue to occur. Families should consider their legal options if they are preventable.

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing staff at any point during the birth process, including labor and pregnancy. In addition medical professionals could be guilty of medical malpractice following the birth of a child, by failing to provide the proper treatment.

In general, the statutes of limitations for these cases is 2.5 years after the date of the medical negligence. For infants, this time can be extended. It is essential to talk with a lawyer early enough to ensure that all the evidence is gathered, and that a timely complaint can be filed.

In addition to medical malpractice, a suit could also be filed on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate these claims and prosecute them on behalf of the family.

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

Medical Malpractice

Birth defects can cause numerous physical or mental problems. Some birth defects may cause death. Some of these problems may be caused by genetics, while others are caused through exposure to the environment or prescription medications used during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects by their actions or inaction. These cases are usually caused by medical negligence during delivery or labor. However, they may also include any act or failure to act that is not in the range of the medical standard of care, like failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One example of this type of situation is a drug called teratogens. This medication can cause serious birth defects. In the course of pregnancy, doctors generally advise women to avoid taking this medication, which is commonly used in the treatment of seizures. If a pregnant woman is exposed to this drug, she should submit a claim.

It is crucial to choose an attorney who has experience in these types of cases. It is best to choose a firm with extensive experience in this field. It also is based on contingency, meaning that you don't pay any fees until you win. Find an attorney who has outstanding negotiation and communication skills. This will help to ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

A lot of birth defects can cause mental or physical disabilities, that require costly medical treatment and accommodations for the child. These disorders are usually genetic, but can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and inform the public of any potential risks. Unfortunately, some pharmaceutical companies fail to keep up with the latest research or foresee potential side consequences. Some doctors prescribe dangerous drugs to their patients. Some women are not aware of the risks of taking certain medications during pregnancy. These drugs, also known as teratogens, may cause birth defect law firms defects, like spina-bifida, which is a birth defect in the fe.

Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, and birth defect heavy metals like mercury, which contaminate air or groundwater. Diane Paolicelli's legal profession has been focused on fighting powerful corporations who expose women to toxic chemicals and substances that may harm their reproductive health or lead to birth defects.

If you decide to file lawsuits against the parties accountable for your child's condition, it is important to gather as much evidence as you can. This includes any ultrasound images, blood tests, and medical bills incurred because of the birth defect. This information can help attorneys determine the worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful moments in a woman's life. However, it's also a time where many medical professionals make mistakes that can lead to birth defects. An experienced attorney can help parents make a claim against those accountable for their child's handicap and obtain the amount of compensation they deserve.

Medical experts are not always able to pinpoint the specific cause of birth defects, but most of them can be attributable to environmental or chemical exposure. This could include contact from parents with toxic chemicals in the workplace, like glycol ethers and solvents used in semiconductor manufacturing as well as agricultural chemicals used for pesticides and spraying crops.

Manufacturers and those who prescribe medications are also obliged to warn people about the dangers. A majority of these drugs is marketed to women who are pregnant without warnings about the possibility of birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.

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