5 Things That Everyone Doesn t Know About Birth Defect Legal

Birth Defect Litigation

Parents want perfect babies However, some accidents happen beyond their control. When injuries require specialized medical attention and expensive procedures, it can cause families to be faced with massive costs.

A New York birth defect attorney can assist parents who are shocked to file an appeal to be compensated for future expenses. The law has strict time limitations on when a claim can be filed.

Statute of Limitations

Modern technology and medical advancements have made it possible to reduce the risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries do remain a possibility. If they can be prevented, families must consider their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing staff at any time during the birth process, including labor and pregnancy. In addition medical professionals could be guilty of medical malpractice after a child's birth when they fail to provide proper care.

In general, the statutes of limitation for these cases are 2.5 years after the date of the medical negligence. For infants this period may be extended. However, it is essential to seek legal counsel immediately to ensure that all evidence has been collected and that a timely claim be filed.

In addition to medical malpractice, a suit could also be filed on behalf of an infant for birth defects caused by improper toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

Parents should be aware of the following qualities when selecting an attorney to represent them in a lawsuit involving birth defect or injury:

Medical Malpractice

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

A medical professional or doctor could be accused of misconduct when they cause birth defects through their actions or inaction. The majority of these cases are caused by medical negligence during delivery or labor. They can also include any other act which falls below a standard of medical care, for example not diagnosing an illness or prescribing the wrong medication during pregnancy.

One such case involves teratogens. These drugs can cause birth defects that are serious. In the course of pregnancy, doctors generally advise women to stay clear of this medication, which is commonly used in the treatment of seizures. If a woman who is pregnant is exposed to this medication, she must make an insurance claim.

It is important that you choose an attorney who has expertise in these kinds of cases. Look for a law firm that has a specialization in this area, and works on an on a contingency basis, meaning you don't have to pay any fees unless you succeed. Also, you should look for a lawyer with strong communication and negotiation abilities. This will help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

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

Drug makers are required to ensure that their products are tested properly and warn consumers of any potential risks. Unfortunately many pharmaceutical companies fail to keep up with the latest research or foresee potential side consequences. Additionally, doctors can prescribe dangerous medications to their patients as well as some women do not have adequate information about the risks of taking certain medications during pregnancy. These drugs, also known as teratogens, may cause birth defects, such as spina-bifida in the fetus.

Other substances that can cause birth defects include chemicals that are used in manufacturing and agriculture and heavy metals, like mercury that are contaminating groundwater and air. Diane Paolicelli's legal profession has been focused on fighting powerful corporations that expose women to harmful substances and chemicals that can damage their reproductive health or lead to birth defects.

If you decide to file lawsuits against the people that are accountable for your child's health It is crucial to gather as much evidence as possible. Included in this are ultrasound images, blood tests, and medical bills that are incurred as a result. This helps the attorney establish the financial value of the case.

Product Liability

Pregnancy can be one of the most exciting, but nerve-wracking experiences in the life of a woman. However, it's also a time where medical professionals often make mistakes that could lead to birth defects. An experienced attorney can assist parents file a claim against those accountable for their child's handicap and acquire the compensation they deserve.

Medical experts are not always able determine the specific cause of birth defects, but the majority of them can be caused by environmental or chemical exposure. This can include exposure by parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for crop spraying and pesticides.

The pharmaceutical companies and those who prescribe medication must also warn the public about their risks. A significant portion of these drugs are offered to women who are expecting without warnings about the risk of birth defects. This is especially true for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases involving the occurrence birth defect law firm defects that result from parental exposure to toxic chemicals, including those in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.