What Is Birth Defect Legal History History Of Birth Defect Legal

Birth Defect Litigation

Some injuries are out of the parents of their control. Families may be left with a huge bill when injuries require costly procedures and special treatment.

A New York birth defect lawyer can assist parents who are stunned to file an appeal and obtain compensation to cover future costs. The law has strict time limitations on when a claim may be filed.

Statute of Limitations

Modern technology and medical advances have reduced the risks associated with childbirth, pregnancy and birth. Birth defects and injuries do persist. Families must consider their legal options when they are preventable.

Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing staff at any stage of the birth process, including labor and pregnancy. Medical professionals can also commit malpractice after the birth of a baby in the event that they fail to provide appropriate treatment.

In general the statute of limitation for these cases is 2.5 years after the date of the medical malpractice. For infants, this time period can be extended. However, it is important to seek legal counsel as soon as you can to ensure that all evidence is obtained and that a timely claim can be filed.

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

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

Medical Malpractice

Birth defects can result in many mental or physical problems. Some of them may even be fatal. Some of these issues may be caused by genetics and others may be caused by exposure to environmental factors or prescription drugs taken during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects due to their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they could also include any act or failure to act that falls short of the medical standard of care, like failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example is involving teratogens. These medications can cause birth defects that are serious. In the course of pregnancy, doctors generally advise women to stay clear of this medication, which is used to treat seizures. If an individual is exposed to the drug it is recommended that she submit an action.

It is important that you select an attorney with previous experience in these cases. You should choose an attorney with expertise in this area and is on contingency, which means you won't have to pay any fees until you win. Look for an attorney who has outstanding negotiation and communication skills. This will help ensure that you file your claim before the time limit expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities, that require costly medical treatment and accommodations for the child. Most of the time, these issues are genetic, but some of them are caused by chemical or environmental exposure, or the medications the mother took while pregnant.

Pharmaceutical companies are required to test their products properly and inform the public of the potential dangers. Unfortunately certain pharmaceutical companies fail to keep up-to-date with current research or fail to anticipate possible adverse effects. Furthermore, doctors may prescribe dangerous drugs to patients and some women do not have adequate information about the risks of taking certain medications during pregnancy. These drugs, also known as teratogens may cause birth defects, such as spina-bifida, in the fetus.

Other substances that can cause birth defects include 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 that expose women chemicals and substances that can affect their reproductive health and cause birth defects.

It is important to collect as much evidence as you can prior to making a claim against the parties responsible. Included in this are ultrasound images and blood tests as well as medical bills that are incurred as a result. This information can help the attorney assess the worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful moments in a woman's life. But it's also a time when medical professionals can make mistakes that could lead to birth defects. A top attorney can assist parents in filing an action and obtaining the money they deserve from the people responsible for the disabilities of their child.

While the causes of birth defects are usually unknown to medical professionals but a large proportion of birth defects are linked to environmental or chemical exposure. This may include contact by parents with toxic chemicals at the workplace, like glycolethers and solvents utilized in semiconductor manufacturing and agricultural chemicals used for pesticides as well as spraying of crops.

The pharmaceutical companies and those who prescribe medication must also inform the public about the risks. A large portion of these drugs are offered to women who are pregnant without warnings of the potential for birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.

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