20 Things You Need To Know About Birth Defect Legal

Birth Defect Litigation

Some injuries are beyond the parents or their control. If injuries that result from these accidents require special medical attention and expensive procedures, it could cause families to incur huge costs.

A New York birth defect attorney can assist parents grieving and file claims to obtain compensation for future expenses. The law has strict time limits for when claims can be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce risks that are associated with childbirth, pregnancy and birth. However birth defects and injuries continue to occur. If they can be prevented, families need to explore their legal options.

Many birth defect suits are made on the basis of allegations of medical malpractice that occurred. These cases may involve errors committed by nurses or doctors staff at any stage of pregnancy, labor and birth. In addition medical professionals could be guilty of medical malpractice after the birth of a child, in the event that they fail to provide proper treatment.

In general the statute of limitations for these cases are 2.5 years after the date of the medical negligence. For infants, the time can be extended. However, it is essential to seek legal counsel early enough to ensure that all evidence is gathered and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects resulting from improper toxic and chemical exposures that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases on behalf of the family.

Parents should take into consideration the following factors when choosing an attorney to represent their interests in a lawsuit filed for birth defect or injury:

Medical Malpractice

Birth defects can trigger an array of mental or physical ailments. Some of them could be fatal. Some of these issues may be genetic and others may be caused by exposure to the environment or prescription drugs used during pregnancy.

A medical professional or doctor may be accused of negligence if they cause birth defects due to their actions or inaction. These cases typically are caused by medical negligence during labor or delivery. They can also be a result of any be in compliance with a standard of medical treatment, for instance failing to recognize an illness or prescribing incorrect medication during pregnancy.

One such type of case involves a medication called teratogens. This medication can cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must file a claim.

It is important to choose an attorney who has experience in handling these types of cases. It is best to choose an attorney who has expertise in this area and works on contingency, so you won't have to pay nothing until you win. Also, look for birth Defect attorney an attorney with excellent communication and negotiation skills. This will help to ensure that you make your claim in time before the statute of limitations expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. Often, these conditions are genetic, but some of them are caused by environmental or chemical exposure, or by medications the mother took during pregnancy.

Pharmaceutical manufacturers are required to test their products properly and inform the public of any potential dangers. Unfortunately many pharmaceutical companies fail to keep up with research or anticipate potential side consequences. Furthermore, doctors may prescribe dangerous medicines to their patients, and some women do not get proper information about the risks of taking certain drugs during pregnancy. These drugs are known as teratogens. They can cause birth defects within the fetus. This includes spina Bifida.

Other substances that could cause birth defects include chemicals employed in the production and agricultural industries, as well as heavy metals such as mercury, which are contaminating the air or groundwater. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and substances that damage their reproductive health and lead to birth defects.

It is crucial to collect as many evidences as you can prior to filing a suit against the responsible parties. Included in this are ultrasound images as well as blood tests and medical bills incurred as a result. This allows the attorney to determine the monetary value of the case.

Product Liability

Pregnancy can be one of the most exciting, yet nerve-wracking experiences in the life of a woman. But it's also a period where many medical professionals make mistakes that could cause birth defects. A top lawyer can help parents file a claim against those responsible for their child's disability and acquire the compensation they deserve.

While the causes of birth defects are usually not understood by medical professionals however, a significant proportion can be attributed to exposure to chemicals or environmental causes. This can include parental exposure to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

The pharmaceutical companies and those who prescribe medicines are also obliged to inform the public about the risks. However, a significant portion of these drugs are offered off-label to women of childbearing age without warnings regarding the potential for birth defects. This is particularly applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects result from parental exposure to toxic chemical like those used in semiconductor manufacturing or agriculture. He is a graduate of the American University in Washington, D.C. as well as Suffolk University Law School.