Are You Making The Most From Your Birth Defect Legal

Birth Defect Litigation

Parents want perfect babies However, some injuries occur out of their control. Families are left with a large bill when injuries require costly procedures and special care.

A New York birth defect attorney can help parents who are in shock file a claim to get compensation for future expenses. The law has strict deadlines on when a claim can be filed.

Statute of limitations

Modern technology and medical advancements have reduced the risks that are associated with childbirth, pregnancy and birth. However, birth defects and injuries do occur. Families need to consider their legal options if they are preventable.

Many birth defect lawsuits are founded on allegations that medical malpractice occurred. These cases may involve errors made by doctors or nursing staff at any point during labor, birth and pregnancy. In addition medical professionals may be guilty of medical malpractice following the birth of a child by failing to provide the proper treatment.

In general, the statutes of limitations in these cases are 2.5 years from the date of the medical negligence. For infants, this time is sometimes extended. It is essential to talk with an attorney whenever you can to ensure that all the evidence is gathered, and that a timely complaint can be filed.

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

When choosing an attorney for a birth injury or defect lawsuit parents should look for the following characteristics:

Medical Malpractice

Birth defects can result in numerous mental or physical problems. Some birth defects can be fatal. Some of these issues could be caused by genetics while others are caused by exposure to the environment or prescription drugs taken during pregnancy.

A medical professional or doctor could be convicted of malpractice if they cause birth defects through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. However, they may also include any act or inability to act that is in violation of a medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One example of this type of situation is a drug called teratogens, which can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must submit an insurance claim.

It is vital to choose an attorney with prior experience in these types of cases. You should look for a firm with years of experience in this field and works on contingency, so you won't have to pay nothing until you win. Also, look for a lawyer who has excellent communication and negotiation abilities. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require costly medical care and accommodations for the child. The majority of these problems are genetically inherited, but some of them may be caused by environmental or chemical exposure or medication that the mother consumed during pregnancy.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and inform consumers of any potential risks. Unfortunately certain pharmaceutical companies do not keep up to date with the latest research or fail to anticipate potential adverse consequences. Some doctors recommend dangerous drugs to their patients. Some women are not informed about the dangers associated with taking certain medications while pregnant. These drugs are known as teratogens and can cause birth defects in the fetus including spina Bifida.

Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury which affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and other substances that affect their reproductive health and lead to birth defects.

It is crucial to gather as all evidence you can before making a claim against the party responsible. This includes blood tests, ultrasound images, and medical bills that arise due to the birth defect. This helps the attorney establish the monetary worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking events in a woman's lifetime. It's also a time where many medical professionals make mistakes that can cause birth defects. An experienced attorney can assist parents bring a lawsuit against those responsible for their child's condition and acquire the amount of compensation they deserve.

Although the causes of birth defects are usually not understood by medical professionals but a large proportion of birth defects can be linked to exposure to chemicals or environmental causes. This could include exposure of parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.

The manufacturers and the people who prescribe medicines are also obliged to inform the public about the risks. Yet, a substantial portion of these drugs are marketed off-label to women of childbearing age without warnings regarding the possibility of birth defects. This is especially applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases that involve the occurrence of birth defects caused by parental exposure to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C. as well as Suffolk University Law School.