15 Reasons Not To Ignore Birth Defect Legal

Birth Defect Litigation

Certain injuries are beyond the parents in their control. Families may be left with a large bill when injuries require costly procedures and special attention.

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

Statute of limitations

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

Many birth defect suits are made on the basis of claims of medical malpractice. These cases could involve mistakes made by doctors or nurses at any point during the pregnancy, labor and delivery procedures. In addition, medical professionals can commit medical malpractice after the birth of a child if they fail to provide proper treatment.

In general, the statutes of limitations in these cases are 2.5 years from the date of the medical mistake. For infants, this time can be extended. It is important to consult a lawyer early enough to ensure that all the evidence is gathered, and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant for birth defects resulting from improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

When choosing an attorney to represent them in a birth defect or birth injury lawsuit parents should look for the following characteristics:

Medical Malpractice

Birth defects can lead to numerous physical or mental problems. Some birth defects can be fatal. Certain of these problems could be genetic and others may be caused by exposure to the environment or prescription medications taken during pregnancy.

A medical professional or doctor could be accused of malpractice in the event of causing birth defects through their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they can be a result of any action or failure to act that falls short of the medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One such type of situation involves a drug called teratogens. It can cause serious birth defects. In the course of pregnancy, doctors generally advise women to not take this medication, which is used in the treatment of seizures. If a woman who is pregnant is exposed to this drug, she should file an insurance claim.

It is vital to select an attorney with expertise in these kinds of cases. Look for a law firm that specializes in this field and operates on an hourly basis, which means you don't pay anything unless you win. Also, search for an attorney with excellent negotiation and communication abilities. This will ensure that you file your claim before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require expensive medical care and accommodations for the child. Often, these conditions are genetic, but some can be caused by chemical or environmental exposure or medication that the mother took during pregnancy.

Pharmaceutical manufacturers are required to test their products properly and warn the public of any potential dangers. Unfortunately certain pharmaceutical companies fail to keep up with the latest research or fail to anticipate possible side effects. Some doctors prescribe dangerous drugs to their patients and some women aren't aware of the dangers associated with taking certain medications during pregnancy. These medications are referred to as teratogens and can cause birth defect attorneys defects in the fetus, including spina bifida.

Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury, which can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and substances that can damage their reproductive health and lead to birth defects.

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

Product Liability

Pregnancy can be one of the most exciting, but stressful experiences in a woman's lifetime. It's also a time when medical professionals can make mistakes that can lead to birth defects. An experienced attorney can help parents to file a claim against the medical professionals accountable for their child's handicap and obtain the compensation they deserve.

Although the causes of birth defects are typically not understood by medical professionals but a large proportion of birth defects are linked to environmental or chemical exposure. This can include parental exposure to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.

In addition, the manufacturer and those who prescribe prescription drugs are required to inform consumers of the dangers. Yet, a substantial portion of these drugs are sold off-label to women who are pregnant 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 pharmaceutical and chemical companies. He concentrates his practice on cases that involve the occurrence of birth defects caused by exposure of parents to toxic chemicals such as those in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.