14 Misconceptions Commonly Held About Birth Defect Legal

Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur beyond their control. Families could be faced with a large bill when injuries require costly procedures and special attention.

A New York birth defect attorney can help parents who are grieving and file a claim to get compensation for future expenses. However, the law places strict deadlines when a claim must be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks associated with pregnancy and childbirth. Birth defects and injuries continue to occur. When they are preventable, families must explore their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors staff at any point during the birth process, including labor and pregnancy. Medical professionals can also be negligent after the birth of a baby in the event that they fail to provide appropriate treatment.

In general, the statutes of limitations in these cases is 2.5 years after the date of the medical negligence. This time frame may be extended for infants. It is nevertheless important to seek legal advice as soon as you can to ensure that all evidence is gathered and that a timely claim can be filed.

A lawsuit may be filed on behalf of a child to claim birth defects caused by chemical and toxic exposures during the pregnancy. Specially trained birth defects lawyers can investigate these claims and pursue them on behalf of the family.

Parents should take into consideration the following characteristics when choosing an attorney to represent them in a suit for birth defect or injury:

Medical Malpractice

Birth defects can lead to a variety of mental and physical ailments. Some birth defects can be fatal. Some of these problems are genetic, but others are due to exposure to the environment or the use of prescription drugs during pregnancy.

A doctor or medical professional may be accused of negligence in the event of causing birth defects due to their actions or inaction. Most cases involve medical negligence during labor or delivery. They can also be a result of any other do something that is below the standard of medical treatment, for instance the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One of these cases involves Teratogens. These drugs can result in birth defects that are serious. When pregnant, doctors usually advise women to stay clear of this medication, which is used in the treatment of seizures. If women are exposed to the drug, she must file an action.

It is essential to select an attorney who has handled these kinds of cases. You should look for an attorney with years of experience in this field and operates on contingency basis, which means you won't be charged anything until you are successful. Also, search for a lawyer who has excellent communication and negotiation abilities. This will help to ensure that you make your claim in time before the time limit expires.

Prescription Drugs

Many birth defects cause physical or mental disabilities, which require expensive medical care and accommodations for the child. These disorders are usually genetic, but can also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.

Drug makers are required to ensure that their products are tested properly and warn consumers of any potential risks. Unfortunately certain pharmaceutical companies don't keep up-to-date with current research or fail to anticipate possible side effects. Certain doctors prescribe dangerous drugs to their patients, and birth defect lawsuits some women are not aware of the dangers associated with using certain drugs during pregnancy. These drugs are referred to as teratogens and could cause birth defects in the fetus including 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 affect groundwater or the air. Diane Paolicelli's legal profession has been dedicated to combating powerful corporations that expose women to harmful chemicals and substances that may damage their reproductive health or cause birth defects.

It is crucial to collect as all evidence you can prior to making a claim against the party responsible. This includes ultrasound images, blood tests and medical bills that arose due to the birth defect. This information can help the attorney assess the worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking events in a woman's lifetime. However, it's also a time where medical professionals often make mistakes that could lead to birth defects. A reputable attorney can assist parents in filing an appeal and gaining the compensation they deserve against those responsible for the handicap of their child.

Medical professionals aren't always able to determine the causes of birth defects, but the majority of them can be due to environmental or chemical exposure. This may include contact by parents with toxic chemicals at the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as spraying on crops.

The manufacturers and the people who prescribe medicines also have a duty to warn the public about the dangers of their products. A large portion of these medications are sold to women who are expecting without warnings about the possibility of birth defect. This is especially true for antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases where birth defects result from exposure of parents to toxic chemicals such as those that are used in semiconductor manufacturing or agricultural. He graduated from American University in Washington, D.C. and Suffolk University Law School.