Why You Should Focus On Improving Birth Defect Legal

Birth Defect Litigation

Certain injuries are beyond the parents or their control. Families can be left with huge debts when these injuries require expensive procedures and special treatment.

A New York birth defect lawyer can assist parents in filing a claim and get compensation to cover the cost of future expenses. The law has strict time limitations on when a claim may be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. Birth defects and injuries do still occur. If they can be prevented, families need to explore their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors at any time during the labor and delivery processes. Medical professionals may also be negligent following the birth of a child when they fail to provide the proper treatment.

Generally speaking, the time limit for these cases is generally 2.5 years from the date of the act of medical negligence. The time limit can be extended to infants. However, it is essential to seek legal counsel 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 for birth defects that are caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

Parents should think about the following aspects when choosing an attorney to represent them in a suit for birth defects or injuries:

Medical Malpractice

Birth defects can cause a variety of mental and physical problems. Some birth defects can cause death. Some of these issues are inherited, while others are caused by exposure to the environment or the use of prescribed drugs during pregnancy.

A doctor or medical professional could be accused of misconduct in the event of causing birth defects through their actions or inaction. These cases are usually caused by medical negligence during delivery or labor. They also encompass any act of failure to act which falls below a standard of medical treatment, for instance the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One example of situation involves a drug called teratogens, which can cause serious birth defects. Doctors generally 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 a claim.

It is important to choose an attorney who has handled these types of cases. You should look for an attorney with extensive experience in this field. It also is on contingency, which means you won't be charged anything until you are successful. Find an attorney who has great negotiation and communication skills. This will ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, that require expensive medical treatment and accommodations for the child. Most often, these disorders are genetic, however some can be caused by environmental or chemical exposure or medication that the mother took during pregnancy.

Drug manufacturers are required to adequately test their products and warn consumers about any potential risks. Unfortunately certain pharmaceutical companies do not keep up with research or anticipate potential side effects. Some doctors recommend dangerous drugs to their patients. Some women are not aware of the risks of taking certain drugs while pregnant. These drugs are known as teratogens and can cause birth defect law firms defects in the fetus. This includes spina bifida.

Other substances that could cause birth defects are chemicals used in agriculture and manufacturing, as well as heavy metals such as mercury that are contaminating groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and other substances that harm their reproductive health and cause birth defects.

When bringing an action against the parties responsible for your child's condition, it is important to gather the most evidence you can. This includes any ultrasound scans, birth defect lawyer blood tests and medical bills incurred due to the birth defect. This assists the attorney in determining the worth of the case.

Product Liability

Pregnancy is among the most exciting and stressful experiences in a woman's lifetime. But it's also a period where many medical professionals make mistakes that could lead to birth defects. A top attorney can help parents bring a lawsuit against those responsible for their child's disability and receive the compensation they deserve.

Medical experts aren't always able to pinpoint the exact cause of birth defects, however many of them can be due to environmental or chemical exposure. This can include parental contact with toxic chemicals at the workplace, such as solvents and glycol ethers used in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and spraying on crops.

Additionally, the manufacturers and those who prescribe prescription drugs have a responsibility to warn patients of the risks. A majority of these drugs is marketed to women who are pregnant, without warnings about the possibility of birth defects. This is especially applicable to 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 concentrates his practice on cases involving the occurrence birth defects caused by parental exposure to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.