Unquestionable Evidence That You Need Birth Defect Legal

Birth Defect Litigation

Some injuries are beyond the parents of their control. Families are left with huge debts when these injuries require costly procedures and special treatment.

A New York birth defect lawyer can assist parents who are stunned to file a claim and get compensation to cover future expenses. However, the law puts strict deadlines on when a claim needs to be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks associated with childbirth and pregnancy. Birth defects and injuries do continue to occur. Families should consider their legal options if they are preventable.

Many birth defect suits are made on the basis of accusations of medical malpractice. These cases can involve mistakes committed by nurses or doctors personnel at any stage of pregnancy, labor and birth. Medical professionals may also be guilty of malpractice following the birth of a child if they fail provide proper treatment.

In general the statute of limitation for these cases are 2.5 years after the date of the medical negligence. For infants this is sometimes extended. It is important to consult an attorney as soon as you can to ensure that all evidence is gathered and that a timely complaint can 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 defend 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 defects or birth injuries:

Medical Malpractice

Birth defects can lead to various mental and physical ailments. Some of them may even be fatal. Some of these problems may be genetic and others may be caused by exposure to environmental factors or prescription drugs taken during pregnancy.

A doctor or medical professional could be accused of misconduct if they cause birth defects by their actions or inaction. These cases typically are based on medical negligence during delivery or labor. However, they can also include any act or failure to act that falls short of the medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One example of situation is a drug called teratogens, which can cause birth defects that are serious. During pregnancy, doctors usually advise women to stay clear of this medication, which is utilized to treat seizures. If the woman is exposed to the drug it is recommended that she make a claim.

It is essential to select an attorney who has expertise in these kinds of cases. Find a 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 an attorney who has strong negotiation and communication abilities. This will help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects can cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. Often, these conditions are genetic, but some of them are caused by environmental or chemical exposure or medication that the mother was taking during pregnancy.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and warn the public of any potential dangers. Unfortunately, some pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate possible adverse effects. Certain doctors prescribe dangerous medications to their patients. Moreover, some women are not informed about the dangers associated with using certain drugs during pregnancy. These drugs, also known as teratogens, may cause birth defects, such as spina-bifida, in the fetus.

Other substances that could cause birth defects include chemicals employed in the production and agricultural industries in addition to heavy metals like mercury, which are contaminating the groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that can harm their reproductive health and cause birth defects.

When filing a lawsuit against the parties that are accountable for your child's health it is crucial to gather as much evidence as possible. Included in this are any ultrasound images or blood tests, as well as medical bills incurred as a result. This information will help the attorney determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxiety-inducing experiences in women's lives. It's also the time when medical professionals make mistakes that can lead to birth defects. A top attorney can assist parents in filing a claim and obtaining the amount they deserve from those responsible for the disability of their child.

While the causes of birth defects are generally unknown to medical experts however, a significant proportion are linked to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals at the workplace, like glycol ethers and solvents used in semiconductor manufacturing as well as agricultural chemicals used for pesticides and crop spraying.

In addition, manufacturers and the people who prescribe prescription medications have a responsibility to warn consumers of the dangers. However, a significant portion of these medications are sold off-label to women of childbearing age without proper warnings about the risk of birth defects. This is especially relevant 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. He concentrates his practice on cases where birth defects result from exposure to toxic chemicals in the home by parents such as those used in the manufacture of semiconductors or in agriculture. He is a graduate from the American University in Washington, D.C. and Suffolk University Law School.