The Biggest Issue With Birth Defect Legal And How You Can Fix It

Birth Defect Litigation

Parents want their children to be perfect, but some injuries happen outside their control. When these injuries require special medical attention and expensive procedures, it can leave families with huge expenses.

A New York birth defect attorney can assist parents in shock file an action to receive compensation for future expenses. The law has strict time limitations on when claims can be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. Birth defects and injuries do remain a possibility. Families should consider their legal options when they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any time during labor and delivery procedures. In addition medical professionals could be guilty of medical malpractice following the birth of a child when they fail to provide the correct treatment.

Generally speaking, the time limit for these cases is 2.5 years from the date of the incident of medical negligence. For infants, the time can be extended. However, it is important to seek legal counsel early enough to ensure that all evidence is obtained and that a timely claim be filed.

A lawsuit can be filed on behalf of a child in relation to birth defects that are caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

Parents should consider the following factors when choosing an attorney to represent them in a lawsuit involving birth defects or injuries:

Medical Malpractice

Birth defects can lead to various mental and physical problems. Some birth defects can be fatal. Some of these problems are genetic, but others are due to environmental exposures or the use of prescription medications during pregnancy.

A doctor or medical professional could be accused of malpractice if they cause birth defects through their actions or inaction. The majority of these cases are caused by medical negligence during delivery or labor. However, they could also comprise any act or failure to act that falls short of the medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One such case involves Teratogens. These drugs can result in birth defects that are serious. During pregnancy, doctors usually advise women to stay clear of this medication, which is commonly used in the treatment of seizures. If a pregnant woman is exposed to this medication, she must submit a claim.

It is crucial to select an attorney with previous experience in these cases. It is best to choose an attorney who has expertise in this area and is based on contingency, meaning that you won't be charged anything until you win. Also, search for a lawyer who has excellent communication and negotiation abilities. This will help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

A variety of birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. Most of the time, these issues are genetically inherited, but some can be caused by chemical or environmental exposure or medication that the mother took while pregnant.

Pharmaceutical manufacturers are required to adequately test their products and inform consumers of any potential risks. Unfortunately, some pharmaceutical companies fail to keep up with research or foresee potential side effects. Certain doctors prescribe dangerous medications to their patients. Moreover, some women aren't aware of the risks of taking certain medications during pregnancy. These drugs, referred to as teratogens, may cause birth defects, like spina-bifida, which is a birth defect in the fe.

Other substances that can cause birth defects are chemicals used in manufacturing and agriculture, as well as heavy metals, like mercury, which are contaminating the groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that can damage their reproductive health and cause birth defects.

If you are filing a lawsuit against the parties who are responsible for your child's illness It is crucial to gather the most evidence you can. Included in this are any ultrasound images as well as blood tests and medical bills incurred due to. This assists the attorney in determining the financial value of the case.

Product Liability

Pregnancy is among the most exciting and stressful experiences in the life of a woman. However, it's also a time where many medical professionals make mistakes that can cause birth defects. A top lawyer can assist parents in submitting a claim and obtaining the money they deserve from those who are responsible for the impairment of their child.

Medical experts aren't always able of determining the exact cause of birth defects, but the majority of them can be attributed to chemical or environmental exposure. This can include exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in pesticides and crop spraying.

The manufacturers and the people who prescribe medications also have a duty to warn the public about the risks. Yet, a substantial portion of these drugs are sold off-label to women of childbearing age without warnings regarding the risk 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. His practice is centered around cases that involve the occurrence of birth defects caused by parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.