Are The Advances In Technology Making Birth Defect Legal Better Or Worse

Birth Defect Litigation

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

A New York birth defect lawyer; his response, can assist parents who are stunned to file an appeal and obtain compensation to cover the cost of future expenses. However, the law imposes strict deadlines on when a claim must be filed.

Statute of Limitations

Modern technology and medical advances have made it possible to reduce the risks related to pregnancy, childbirth and birth. Birth defects and injuries remain a possibility. If they can be prevented, families should consider their legal options.

Many birth defect suits are made on the basis of allegations of medical malpractice that occurred. These lawsuits can be based on mistakes committed by nurses or doctors at any time during the labor and delivery processes. Additionally, medical professionals can commit medical malpractice following the birth of a child, when they fail to provide the correct treatment.

In general the statute of limitations for these cases are 2.5 years after the date of the medical negligence. For infants, this period can be extended. But, it is crucial to seek legal counsel as soon as you can to ensure that all evidence is gathered and that a timely claim can be filed.

A lawsuit may be filed on behalf of a baby for birth defects caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

Parents should think about the following characteristics when choosing an attorney to represent their interests in a lawsuit filed for birth defect or injury:

Medical Malpractice

Birth defects can lead to various physical and mental problems. Certain birth defects could be fatal. Some of these issues may be genetic while others are caused by exposure to environmental factors or prescription drugs taken during pregnancy.

A medical professional or doctor could be accused of malpractice when they cause birth defects through their actions or inaction. These cases usually are caused by medical negligence during delivery or labor. They also encompass any be in compliance with a standard of medical care, like, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One example involves the teratogens. These drugs can cause birth defects that are serious. In the course of pregnancy, doctors generally advise women to avoid taking this medication, which is utilized to treat seizures. If the woman is exposed to the drug, she must submit an insurance claim.

It is important to choose an attorney who is experienced in handling these types of cases. Find a firm that has a specialization in this area and works on a contingency basis, so you don't pay anything unless you get the case won. Look for an attorney with an excellent ability to communicate and negotiate. This will help to ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

Many birth defect attorney defects cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. These issues are often genetic, but can 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 warn the public of any potential dangers. Sadly many pharmaceutical companies fail to keep up with research or anticipate potential side consequences. Some doctors recommend dangerous drugs to their patients. Some women are not informed about the dangers associated with taking certain medications during pregnancy. These drugs, referred to as teratogens can cause birth defects, such as spina-bifida in the fetus.

Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals such as mercury that can contaminate groundwater or air. Diane Paolicelli's legal career is focused on fighting powerful corporations that expose women to toxic chemicals and substances that can damage their reproductive health or lead to birth defects.

If you decide to file lawsuits against the parties responsible for your child's condition, it is important to gather as much evidence as you can. This includes blood tests, ultrasound images and medical bills that arose due to the birth defect. This assists the attorney in determining the value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking experiences a woman can go through in her life. But it's also a period when many medical professionals make mistakes that could lead to birth defects. A top lawyer can assist parents in filing an appeal and gaining the compensation they deserve against those responsible for the handicap of their child.

Medical experts aren't always able to determine the specific cause of birth defects, but a large number can be attributable to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals at the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing and agricultural chemicals used for pesticides and spraying on crops.

The manufacturers and the people who prescribe medication must also inform people about the dangers. A large portion of these medications are sold to women who are pregnant, without warnings about the possibility of birth defects. This is especially relevant for antidepressants like 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 involving the occurrence of birth defects caused by parental exposure to toxic chemicals such as those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.