What Freud Can Teach Us About Birth Defect Legal

Birth Defect Litigation

Parents want perfect children However, some accidents happen out of their control. If injuries that result from these accidents require special care and costly procedures, it could cause families to be faced with massive costs.

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

Statute of Limitations

Modern technology and medical advances have helped reduce the risks associated with childbirth and pregnancy. However birth defects and injuries can still occur. Families must consider their legal options when they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve errors committed by nurses or doctors staff at any stage of pregnancy, labor and birth. Medical professionals can also be negligent after the birth of a baby when they fail to provide the proper treatment.

In general the statute of limitations for these cases is 2.5 years after the date of the medical mistake. For infants, the time can be extended. It is essential to talk with a lawyer as soon as you can to ensure that all the evidence is gathered, and that a timely complaint be filed.

In addition to medical malpractice, a suit can also be filed on behalf of a baby for birth defects caused by wrongful exposure to chemicals and toxic substances that occur during the mother's pregnancy. Lawyers specially trained in birth defects can look into these claims and prosecute them on behalf of the family.

Parents should consider the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth defects or injuries:

Medical Malpractice

Birth defects can cause a variety of mental and physical problems. Some of them could be fatal. Certain of these problems could be caused by genetics, while others are caused by exposure to the environment or prescription medications taken during pregnancy.

A medical professional or doctor could be accused of misconduct in the event of causing birth defects through their actions or inaction. These cases usually are caused by medical negligence during delivery or labor. However, they can also include any act or failure to act that is in violation of the medical standard of care, such as failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One example of situation is a drug known as teratogens, which could cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should submit an insurance claim.

It is crucial to select an attorney who has experience in handling these kinds of cases. Look for a law firm that is specialized in this field and operates on an hourly basis, which means you won't have to pay a dime unless you get the case won. Look for an attorney with excellent communication and negotiation skills. This will help to ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

Many birth defects can cause physical or mental disabilities that require costly medical treatment and accommodations for the child. The majority of these problems are inherited, but a few of them can be caused by chemical or environmental exposure, or by medications the mother took during pregnancy.

Drug manufacturers have an obligation to test their products thoroughly and warn consumers about any potential risks. Unfortunately some pharmaceutical companies do not keep up with the latest research or anticipate the potential adverse effects. Furthermore, doctors may prescribe dangerous drugs to patients, and some women do not receive adequate information on the risks associated with taking certain medications during pregnancy. These are known as teratogens, and they may cause birth defects in the fetus, such as spina bifida.

Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury which can contaminate groundwater or air. Diane Paolicelli's legal career has been dedicated to combating powerful corporations that expose women to toxic chemicals and substances that can harm their reproductive health or lead to birth defects.

When bringing a lawsuit against the parties accountable for your child's condition it is crucial to gather as much evidence as possible. This includes any blood tests, ultrasound images and medical bills incurred because of the birth defect. This information will help the attorney assess the value of the case.

Product Liability

Pregnancy can be one of the most exciting and anxious experiences of a woman's lifetime. However, it's also a time when medical professionals can make mistakes that could cause birth defects. A top lawyer can assist parents in submitting a claim and obtaining the money they deserve from those responsible for the disability of their child.

Medical experts are not always able of determining the root of birth defects, but most of them can be caused by environmental or chemical exposure. This can include parental exposure to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for crop spraying and pesticides.

Additionally, the manufacturers and those who prescribe prescription medications are required to inform consumers of the dangers. However, a significant portion of these drugs are sold off-label to women of childbearing age, without warnings about the risk of birth defect attorneys 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 chemical and pharmaceutical companies. He concentrates his practice on cases involving the occurrence of birth defects due to parental exposure to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.