What s Holding Back The Birth Defect Legal Industry

Birth Defect Litigation

Certain injuries are beyond the parents' control. Families could be faced with a large bill when injuries require costly procedures and special care.

A New York birth defect attorney can assist parents grieving and file an action to receive compensation for future expenses. The law has strict time limitations on when a claim can be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks associated with childbirth and pregnancy. However birth defects and injuries can still occur. If they're preventable, families should consider their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases may involve mistakes made by nurses or doctors at any time during the labor and delivery processes. In addition medical professionals can be guilty of medical malpractice after the birth of a child, when they fail to provide the correct treatment.

In general, the statutes of limitation for these cases is 2.5 years after the date of the medical error. The time frame can be extended to infants. However, it is important to seek legal advice as soon as possible to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant for birth defects that result from wrongful toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

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

Medical Malpractice

Birth defects can lead to various physical and mental problems. Certain birth defects can cause death. Some of these issues are caused by genetics, while others are due to environmental exposures or the use of prescription medications during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects by their actions or inaction. The most common cases involve medical negligence during the birth or labor process. However, they can also be a result of any action or failure to act in excess of a medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One example of this type of situation involves a drug called teratogens, which can cause serious birth defects. During pregnancy, doctors typically advise women to not take this medication, which is utilized in the treatment of seizures. If a woman who is pregnant is exposed to this medication, she must submit an insurance claim.

It is important to select an attorney who has experience in handling these kinds of cases. You should choose an attorney with expertise in this area and works on contingency, so you won't have to pay anything until you are successful. Additionally, you should choose a lawyer with strong negotiation and communication skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

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

Drug makers are required to test their products properly and warn the public of any potential dangers. Unfortunately, some pharmaceutical companies do not keep up with research or anticipate potential side consequences. Additionally, doctors can prescribe dangerous medicines to their patients as well as some women do not have adequate information about the dangers of taking certain drugs during pregnancy. These drugs, also known as teratogens may cause birth defects, like spina-bifida, in the fetus.

Other substances that may cause birth defects include chemicals used in manufacturing and agriculture as well as heavy metals, like mercury, which are contaminating the groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and other substances that harm their reproductive health and cause birth defects.

If you decide to file lawsuits against the parties accountable for your child's condition it is essential to gather as much evidence as possible. This includes ultrasound scans, blood tests, and medical bills that arose because of the birth defect. This will help the attorney determine the value of the case.

Product Liability

Pregnancy is among the most exciting, yet stressful experiences in a woman's lifetime. It's also the time when medical professionals are prone to making mistakes that lead to birth defects. An experienced attorney can help parents to file a claim against the medical professionals who are responsible for their child's disabilities and receive the justice they deserve.

Although the causes of birth defects are often unknown to medical professionals, a significant number can be linked to exposure to chemicals or environmental causes. This could include exposure of parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for crop spraying and pesticides.

The pharmaceutical companies and those who prescribe medication are also required to warn the public about the risks. However, a significant portion of these drugs are marketed off-label for women of childbearing age without proper warnings about the possibility of birth defects. This is particularly true for antidepressants like Prozac and Zoloft.

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