The Top Companies Not To Be Follow In The Birth Defect Legal Industry

Birth Defect Litigation

Certain injuries are beyond the parents or their control. When injuries require specialized medical attention and expensive procedures, it could result in huge costs for families.

A New York birth defect attorney can help parents who are shocked to file an action to receive compensation 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 helped reduce the risks associated with childbirth and pregnancy. However, birth defect lawyer defects and injuries still occur. If they're preventable families should consider their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases can involve mistakes committed by nurses or doctors staff at any point during the birth process, including labor and pregnancy. In addition, medical professionals can commit medical malpractice following the birth of a child, when they fail to provide the proper treatment.

Generally, the time limit for these cases is generally 2.5 years from the date of the occurrence of medical negligence. This time frame is extended for infants. It is essential to speak with an attorney early enough to ensure that all the evidence is gathered, and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects caused by wrongful toxic and chemical exposures that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

Parents should be aware of the following factors when choosing an attorney to represent their interests in a lawsuit filed for birth injury or defect:

Medical Malpractice

Birth defects can trigger numerous mental or physical issues. Some birth defects can be fatal. Some of these issues could be genetic while others are triggered through exposure to the environment or prescription medications taken during pregnancy.

A medical professional or doctor may be accused of negligence when they cause birth defects through their actions or inaction. Most cases involve medical negligence during labor or delivery. However, they may also be a result of any action or failure to act that falls short of a medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One example of this type of situation involves a drug called teratogens. This medication can cause serious birth defects. When pregnant, doctors usually recommend women not to take this medication, which is used in the treatment of seizures. If the woman is exposed to the drug it is recommended that she submit a claim.

It is essential to select an attorney who has handled these types of cases. You should look for a firm with expertise in this area and is based on contingency, meaning that you won't be charged anything until you win. Look for an attorney with outstanding negotiation and communication skills. This will help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require costly medical care and accommodations for the child. These issues are often caused by genetics, but can also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.

Drug makers are required to ensure that their products are tested properly and inform consumers of any risks. Unfortunately certain pharmaceutical companies fail to keep up with the latest research or fail to anticipate possible adverse consequences. Moreover, doctors may prescribe dangerous medicines to their patients and some women do not receive adequate information on the dangers of taking certain medications during pregnancy. These drugs are referred to as teratogens. They can cause birth defects in the fetus including spina bifida.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, and 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 substances that could affect their reproductive health and lead to birth defects.

It is important to collect as much evidence as you can before filing a suit against the parties responsible. This includes ultrasound scans, blood tests and medical bills that arose because of the birth defect. This helps the attorney establish the monetary worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful events in a woman's lifetime. But it's also a period where medical professionals often make mistakes that could cause birth defects. A top attorney can assist parents in filing claims and getting the compensation they deserve against those responsible for the disability of their child.

Although the causes of birth defects are often not understood by medical professionals but a large proportion of birth defects are linked to environmental or chemical exposure. This can include exposure by 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.

Manufacturers and those who prescribe medication must also inform the public about the risks. Yet, a large percentage of these drugs are marketed off-label for women of childbearing age without adequate warnings about the potential for birth defects. This is particularly 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. He concentrates his practice on cases that involve the occurrence of birth defects due to exposure of parents to toxic chemicals, including those in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C. and Suffolk University Law School.