10 Things People Hate About Birth Defect Legal

Birth Defect Litigation

Some injuries are beyond the parents in their control. Families are left with huge debts when these injuries require costly procedures and specialized care.

A New York birth defect attorney can assist parents shocked to file claims to obtain compensation for future expenses. However, the law imposes strict deadlines on when a claim needs to be filed.

Statute of Limitations

Modern medical technology and advancements in medical science have reduced the risks related to pregnancy, childbirth and birth. However, birth defects and injuries do occur. When they are preventable, families should consider their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing personnel at any stage of pregnancy, labor and birth. Medical professionals may also be negligent after the birth of a child when they fail to provide the proper treatment.

In general, the statutes of limitations in these cases are 2.5 years from the date of the medical negligence. For infants, this time is sometimes extended. It is essential to talk with a lawyer early enough 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 defect attorneys defects 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 aspects when choosing an attorney to represent their interests in a lawsuit filed for birth defect or injury:

Medical Malpractice

Birth defects can result in many physical or mental problems. Some of them could be fatal. Certain of these problems could be caused by genetics while others are triggered by exposure to environmental factors or prescription medications used during pregnancy.

A doctor or medical professional may be accused of malpractice when they cause birth defects through their actions or inaction. These cases are usually caused by medical negligence during labor or delivery. They may also involve any perform a task that is not within the standard of medical care, such as failing to recognize an illness or prescribing the wrong medication during pregnancy.

One example involves teratogens. These drugs can result in birth defects that are serious. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug it is recommended that she make a claim.

It is important that you choose an attorney who has experience in these types of cases. It is best to choose an attorney with expertise in this area and is based on contingency, meaning that you don't pay nothing until you win. Look for an attorney with an excellent ability to communicate and negotiate. This will ensure that you make your claim in time before the statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical 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 medications that the mother was taking during pregnancy.

Drug makers are required to adequately test their products and warn consumers of any risks. Unfortunately, some pharmaceutical companies are not keeping up with the latest research or fail to anticipate possible side consequences. In addition, doctors can prescribe dangerous medicines to their patients as well as some women do not get proper information about the dangers of taking certain drugs during pregnancy. These are known as teratogens, and they could cause birth defects in the fetus including spina Bifida.

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

It is crucial to gather as much evidence as you can prior to making a claim against the parties responsible. Included in this are any ultrasound images or blood tests, as well as medical bills that are incurred as a result. This will help the attorney determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting and anxious experiences of women's lives. It's also a time when medical professionals make mistakes that result in birth defects. A top attorney can help parents bring a lawsuit against those responsible for their child's disability and get the compensation they deserve.

Medical experts aren't always able to determine the exact cause of birth defects, however a large number can be caused by environmental or chemical exposure. This could include exposure of parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.

The manufacturers and the people who prescribe medicines also have a duty to inform people about the dangers. A significant portion of these drugs is marketed to pregnant women without warnings of the possibility of birth defect. This is particularly applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. His practice focuses on cases that involve the occurrence of birth defects caused by exposure of parents to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.