What s Holding Back This Birth Defect Legal Industry

birth defect lawyers Defect Litigation

Certain injuries are beyond the parents of their control. Families are 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 claims and receive compensation to cover future costs. The law has strict deadlines on when a claim may be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks associated with childbirth and pregnancy. However birth defects and injuries can still occur. Families need to consider their legal options if they can be prevented.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve mistakes made by nurses or doctors at any time during labor and delivery processes. Additionally, medical professionals can commit medical malpractice following the birth of a child when they fail to provide proper treatment.

In general, the statutes of limitation for these cases is 2.5 years from the date of the medical error. For infants this period may be extended. But, it is crucial to seek legal advice as soon as you can to ensure that all evidence is obtained and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects caused by wrongful exposure to chemicals and toxic substances that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases on behalf of the family.

Parents should consider the following qualities when selecting an attorney to represent them in a suit for birth defect or injury:

Medical Malpractice

Birth defects can result in numerous physical or mental problems. Some birth defects can cause death. Some of these problems may be genetic while others are triggered by exposure to environmental factors or prescription medications taken during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. They can also include any act of failure to be in compliance with a standard of medical care, such as, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One example of this type of case is a medication called teratogens. It can cause serious birth defects. During pregnancy, doctors usually advise women to avoid taking this medication, which is utilized to treat seizures. If an individual is exposed to the drug then she must submit an insurance claim.

It is crucial to select an attorney who has handled these types of cases. Find a firm that has a specialization in this area and works on a contingency basis, so you don't have to pay any fees unless you are successful. Look for an attorney who has great negotiation and communication skills. This will help to ensure that you file your claim 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. Most of the time, these issues are genetically inherited, but some of them are caused by environmental or chemical exposure, or medications that the mother took during pregnancy.

Drug makers are required to adequately test their products and warn consumers about any risks. Unfortunately certain pharmaceutical companies are not keeping up to date with the latest research or fail to anticipate possible side effects. Some doctors recommend dangerous drugs to their patients and some women are not informed about the risks of taking certain drugs while pregnant. These are known as teratogens and can cause birth defects (j2V.co.kr) in the fetus, such as spina bifida.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury which can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that damage their reproductive health and lead to birth defects.

If you decide to file an action against the parties who are responsible for your child's illness, it is important to gather the most evidence you can. This includes ultrasound images, blood tests and medical bills incurred due to the birth defect. This allows the attorney to determine the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful times in a woman's life. But it's also a period where medical professionals often make mistakes that can cause birth defect lawsuit defects. A reputable attorney can assist parents in filing an action and obtaining the money they deserve from those who are responsible for the impairment of their child.

While the causes of birth defects are usually not understood by medical professionals but a large proportion of birth defects can be linked with exposure to chemicals or the environment. This may include contact by parents with toxic chemicals in the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing as well as agricultural chemicals for pesticides and spraying crops.

The manufacturers and the people who prescribe medications also have a duty to warn the public about the dangers of their products. Yet, a substantial portion of these drugs are marketed off-label for women of childbearing age without warnings regarding the potential for 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 chemical and pharmaceutical companies. His practice is centered around cases that involve the occurrence of birth defects resulting from exposure of parents to toxic chemicals, including the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.