10 Things Everybody Hates About Birth Defect Legal

Birth Defect Litigation

Parents want perfect children however, there are some injuries that occur beyond their control. When injuries require specialized treatment and expensive procedures, it can result in huge costs for families.

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

Statute of limitations

Modern technology and medical advances have helped reduce the risks of childbirth and pregnancy. However birth defects and injuries continue to occur. Families need to explore their legal options when they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any time during labor, pregnancy and birth. Additionally, medical professionals can commit medical malpractice after a child's birth by failing to provide proper care.

In general the statute of limitations in these cases are 2.5 years from the date of the medical negligence. The time limit can be extended for infants. However, it is essential to seek legal counsel immediately to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a suit may also be filed on behalf of a baby for birth defects that result from wrongful exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

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

Medical Malpractice

Birth defects can lead to an array of mental or physical problems. Some birth defects may be fatal. Some of these problems may be genetic while others are caused by environmental exposures or prescription medications used during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects by their actions or inaction. These cases usually are based on medical negligence in labor or delivery. However, they could also be a result of any action or failure to act that is not in the range of the medical standard of care, like not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One instance of case involves a medication called teratogens. This medication can cause birth defects that are serious. 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 woman is exposed to the drug, then she must submit a claim.

It is important to choose an attorney with experience handling these types of cases. It is best to choose a firm that has experience in this field and works on contingency, so you won't have to pay any fees until you win. Also, search 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 mental or physical disabilities which require costly medical care and accommodations for the child. Often, these conditions are genetic, but some of them are caused by chemical or environmental exposure, or the medications the mother was taking during pregnancy.

Pharmaceutical companies are required to test their products correctly and inform the public of any risks that could be present. Unfortunately some pharmaceutical companies do not keep up with the latest research or fail to anticipate potential adverse consequences. Additionally, doctors can prescribe dangerous drugs to patients and women may not receive the correct information regarding the risks of taking certain medications during pregnancy. These medications are referred to as teratogens. They can cause birth defects in the fetus, including spina Bifida.

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

If you are filing lawsuits against the people responsible for your child's condition it is essential to gather as much evidence as you can. This includes any ultrasound scans, blood tests and medical bills incurred because of the birth defect. This allows the attorney to determine the value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. But it's also a time when medical professionals can make mistakes that can lead to birth defects. An experienced attorney can help parents bring a lawsuit against those responsible for their child's disability and receive the proper compensation they're entitled to.

Medical professionals aren't always able to pinpoint the specific cause of birth defects, however the majority of them can be attributable to environmental or chemical exposure. This can include parental exposure to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying crops and pesticides.

Manufacturers and those who prescribe medication also have a duty to inform the public about the dangers of their products. Yet, a substantial portion of these medications are sold off-label to women of childbearing age without warnings regarding the potential for birth defects. This is particularly true for antidepressants such as 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 result from exposure of parents to toxic chemicals such as those used in semiconductor manufacturing or agricultural. He graduated of the American University in Washington, D.C., and Suffolk University Law School.