Is Tech Making Birth Defect Legal Better Or Worse

Birth Defect Litigation

Parents want their children to be perfect however, there are some injuries that occur outside their control. Families can be left with huge debts when these injuries require expensive procedures and specialized care.

A New York birth defect lawyer can assist parents in filing an appeal and obtain compensation to cover the cost of future expenses. The law has strict deadlines for when claims can 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. Birth defects and injuries do persist. Families must consider their legal options when they can be prevented.

Many birth defect suits are based on claims of medical malpractice. These cases can involve errors made by doctors or nurses at any point in the birth, labor and delivery processes. Medical professionals can also be guilty of malpractice following the birth of a baby in the event that they fail to provide appropriate treatment.

In general, the statutes of limitations in these cases are 2.5 years from the date of the medical mistake. For infants, the time period can be extended. It is essential to talk with an attorney early enough to ensure that all the evidence is collected, and that a timely complaint can be filed.

A lawsuit may be filed on behalf of a baby for birth defects caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

When choosing an attorney to represent them in a birth defect or birth injury lawsuit parents should consider the following qualities:

Medical Malpractice

Birth defects can cause various mental and physical problems. Some of them may even be fatal. Some of these problems may be genetic and others may be caused by environmental exposures or prescription drugs used during pregnancy.

A medical professional or doctor could be convicted of malpractice when they cause birth defects through their actions or inaction. These cases typically involve medical negligence during the birth or labor process. They may also involve any do something that is below the standard of medical care, like not diagnosing an illness or prescribing incorrect medication during pregnancy.

One such case involves teratogens. These drugs can cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug she must file an insurance claim.

It is important to select an attorney with experience handling these types of cases. Find a firm that specializes in this area and works on an on a contingency basis, meaning you won't have to pay a dime unless you succeed. Also, you should look for an attorney who has strong negotiation and communication abilities. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, which require costly medical care and accommodations for the child. Most of the time, these issues are genetic, however some of them can be caused by environmental or chemical exposure, or medications that the mother took during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and warn the public of any potential dangers. Unfortunately, some pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate potential adverse consequences. In addition, doctors can prescribe dangerous drugs to their patients and women may not have adequate information about the risks of taking certain drugs during pregnancy. These drugs, known as teratogens, may cause birth defects, such as 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, as well as heavy metals like mercury that can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and other substances that cause harm to their reproductive health and lead to birth defects.

It is crucial to collect as all evidence you can before filing a suit against the parties responsible. This includes any ultrasound images, blood tests and medical bills that arise because of the birth defect. This information can help the attorney determine the value of the case.

Product Liability

Pregnancy is among the most exciting, and nerve-wracking experiences in women's lives. It's also the time when medical professionals are prone to making mistakes that lead to birth defects. A top attorney can help parents bring a lawsuit against those accountable for their child's handicap and receive the justice they deserve.

Medical professionals aren't always able to pinpoint the causes of birth defects, but the majority of them can be due to environmental or chemical exposure. This can include exposure by parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.

Manufacturers and those who prescribe medication are also obliged to warn the public about the risks. However, a significant portion of these medications are sold off-label for women of childbearing age, without warnings about the possibility of birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases that involve the occurrence of birth defects that result from parental exposure to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C., and Suffolk University Law School.