7 Things About Birth Defect Legal You ll Kick Yourself For Not Knowing

Birth Defect Litigation

Parents want perfect babies, but some injuries happen outside their control. Families could be faced with a large bill when injuries require expensive procedures and special care.

A New York birth defect lawyer can assist parents who are shocked to file a claim and get compensation to cover future expenses. However, the law puts strict deadlines when a claim should be filed.

Statute of Limitations

Modern technology and medical advancements have made it possible to reduce the risks that are associated with childbirth, pregnancy and birth. However, birth defects and injuries can still occur. When they are preventable, families should consider their legal options.

Many birth defect lawsuits are made on the basis of claims of medical malpractice. These cases may involve errors made by doctors or Birth Defect lawyers nursing staff at any stage of the birth process, including labor and pregnancy. Additionally medical professionals could be guilty of medical malpractice after the birth of a child by failing to provide the correct treatment.

Generally speaking, the statute of limitations in these cases is generally 2.5 years from the date of the occurrence of medical malpractice. For infants this is sometimes extended. It is essential to speak with a lawyer whenever you can to ensure that all evidence is collected and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect lawyers (Read the Full Post) can investigate and defend these claims on behalf of the family.

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

Medical Malpractice

Birth defects can cause many physical or mental problems. Certain birth defects could be fatal. Some of these problems may be caused by genetics and others may be caused through exposure to the environment or prescription medications used during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects through their actions or inaction. These cases are usually based on medical negligence in delivery or labor. However, they could also comprise any act or failure to act that is in violation of the medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One of these cases involves teratogens. These medications can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must submit an insurance claim.

It is crucial to select an attorney with expertise in these kinds of cases. Look for a law firm that is specialized in this area, and works on an hourly basis, which means you don't pay anything unless you succeed. Also, you should look for a lawyer who has excellent negotiation and communication skills. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects cause physical or mental disabilities, that require costly medical treatment and accommodations for the child. Often, these conditions are genetic, however some can be caused by environmental or chemical exposure, or medications that the mother was taking during pregnancy.

Drug manufacturers are required to test their products properly and warn the public of any risks that could be present. Sadly some pharmaceutical companies do not keep up with the latest research or anticipate the potential adverse effects. Additionally, doctors can prescribe dangerous drugs to their patients and women may not get proper information about the dangers of taking certain medications during pregnancy. These medications are referred to as teratogens, and they could cause birth defects in the fetus including spina bifida.

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

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

Product Liability

Pregnancy is one of the most thrilling and stressful times in a woman's life. It's also a time where medical professionals make mistakes that can lead to birth defects. A top attorney can assist parents in submitting an action and obtaining the compensation they deserve against those responsible for the handicap of their child.

While 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 can be due to exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for crop spraying and pesticides.

Manufacturers and those who prescribe medications also have a duty to inform the public about the dangers of their products. However, a significant portion of these drugs are offered off-label to women who are pregnant age without proper warnings about the potential for birth defects. 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. His practice is centered around cases where birth defects result from exposure to toxic chemicals in the home by parents such as those that are used in semiconductor manufacturing or farming. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.