What Is The Future Of Birth Defect Legal Be Like In 100 Years

Birth Defect Litigation

Certain injuries are beyond the parents in their control. Families are left with huge debts when these injuries require costly procedures and special attention.

A New York birth defect attorney can help parents who are grieving and file an appeal to be compensated for future expenses. The law has strict deadlines for when claims can be filed.

Statute of Limitations

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

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any stage of labor, pregnancy and birth. In addition medical professionals can be guilty of medical malpractice following the birth of a baby when they fail to provide proper treatment.

In general the statute of limitations for these cases is 2.5 years from the date of the medical malpractice. This time period can be extended for infants. It is essential to talk with a lawyer as soon as you can to ensure that all the evidence is gathered and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects that result from wrongful toxic and chemical exposures that occur during the mother's pregnancy. Lawyers specially trained in birth defects can examine these claims and prosecute them 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 lead to a wide range of physical or mental problems. Some of them could be fatal. Some of these issues could be caused by genetics and others may be caused through exposure to the environment or prescription drugs taken during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defects due to their actions or inaction. These cases are usually due to medical negligence during delivery or labor. However, they may also be a result of any action or failure to act in excess of the medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One example is involving teratogens. These drugs can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug then she must file an insurance claim.

It is important to choose an attorney who has handled these kinds of cases. You should choose a firm with extensive experience in this field. It also is based on contingency, meaning that you don't pay anything until you win. Additionally, you should choose a lawyer with strong negotiation and communication abilities. This will help to ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to adequately test their products and warn consumers about any risks. Unfortunately some pharmaceutical companies do not keep up with the latest research or anticipate possible side effects. Certain doctors prescribe dangerous drugs to their patients. Some women are not informed about the risks associated with using certain drugs during pregnancy. These drugs are referred to as teratogens, and they can cause birth defects in the fetus. This includes spina bifida.

Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, as well as heavy metals such as mercury that contaminate air or groundwater. Diane Paolicelli's career in law has been focused on combating powerful corporations that expose women to harmful chemicals and substances that could cause harm to their reproductive health and cause birth defects.

If you decide to file lawsuits against the people that are accountable for your child's health, it is important to gather the most evidence you can. Included in this are ultrasound images and blood tests as well as medical bills that are incurred as a result. This allows the attorney to determine the financial 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 the time when medical professionals are prone to making mistakes that lead to birth defects. An experienced attorney can assist parents make a claim against those responsible for their child's condition and acquire the proper compensation they're entitled to.

Medical professionals aren't always able determine the specific cause of birth defects, however many of them can be due to environmental or chemical exposure. This could include exposure of parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

In addition, manufacturers and those who prescribe prescription drugs are required to inform consumers of the dangers. A large portion of these drugs is marketed to women who are pregnant without warnings of the potential for birth defect. This is particularly true for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in Birth defect lawsuit defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases involving the occurrence of birth defects that result from exposure of parents to toxic chemicals such as the ones used in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.