10 Things People Hate About Birth Defect Legal

Birth Defect Litigation

Certain injuries are beyond the parents or their control. When these injuries require special treatment and expensive procedures, it could leave families with huge expenses.

A New York birth defect attorney can help parents who are shocked to file an action to receive compensation for future expenses. However, the law puts strict time limitations on when a claim must be filed.

Statute of limitations

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

Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any time during the pregnancy, labor and delivery processes. Medical professionals can also be negligent following the birth of a child in the event that they fail to provide appropriate treatment.

In general, the statutes of limitations for these cases are 2.5 years from the date of the medical negligence. For infants, this period can be extended. However, it is important to seek legal counsel as soon as possible to ensure that all evidence is collected and that a timely claim can be filed.

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

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

Medical Malpractice

Birth defects can lead to many mental or physical issues. Certain birth defects could be fatal. Certain of these problems could be genetic while others are triggered by exposure to environmental factors or lawsuit prescription medications used during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects as a result of their actions or inaction. These cases are usually due to medical negligence during labor or delivery. They may also involve any other perform a task that is not within the standard of medical care, like the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One example involves Teratogens. These medications can lead to serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug, she must file an insurance claim.

It is essential to choose an attorney with prior lawsuit experience in these types of cases. Look for a law firm that specializes in this area, and works on a contingency basis, so there is no cost unless you succeed. Look for an attorney who has outstanding negotiation and communication skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

A lot of birth defects can cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. These issues are often genetic, but they may also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and inform consumers of any potential risks. Unfortunately, some pharmaceutical companies fail to keep up with the latest research or anticipate possible side effects. Certain doctors prescribe dangerous drugs to their patients and some women aren't aware of the risks associated with using certain drugs during pregnancy. These medications, also known as teratogens, can cause birth defects, such as spina-bifida, which is a birth defect in the fe.

Other substances that could cause birth defects are chemicals used in agriculture and manufacturing as well as heavy metals, like mercury, which are contaminating the air or groundwater. Diane Paolicelli's legal career has been focused on fighting powerful corporations who expose women to toxic substances and chemicals that can cause harm to their reproductive health and cause birth defects.

If you decide to file a lawsuit against the parties responsible for your child's condition, it is important to gather as much evidence as possible. This includes any blood tests, ultrasound images and medical bills that arise because of the birth defect. This assists the attorney in determining the monetary value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful experiences a woman can go through in her life. It's also the time when medical professionals can make mistakes that lead to birth defects. An experienced attorney can assist parents bring a lawsuit against those who are responsible for their child's disabilities and acquire the amount of compensation they deserve.

Medical experts aren't always able to determine the root 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, and chemical pesticides used in agriculture and crop spraying.

In addition, manufacturers and those who prescribe prescription drugs have a responsibility to warn people about the risks. A large portion of these medications are sold to women who are pregnant, without warnings of the potential for birth defect. 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 involving the development of birth defects due to exposure of parents to toxic chemicals such as the ones used in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C. and Suffolk University Law School.