20 Things You Need To Know About Birth Defect Legal

Birth Defect Litigation

Certain injuries are beyond the parents of their control. If these injuries require special medical attention and expensive procedures, it could cause families to incur huge costs.

A New York birth defect attorney can assist parents in shock file an action to receive compensation for future expenses. The law has strict deadlines for when claims can be filed.

Statute of Limitations

Modern technology and medical advances have aided in reducing the risks associated with childbirth, pregnancy and birth. However birth defects and injuries do occur. When they are preventable, families need to explore their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing staff at any stage of labor, pregnancy and birth. Additionally medical professionals may be guilty of medical malpractice following a child's birth if they fail to provide proper care.

In general the statute of limitations for these cases are 2.5 years after the date of the medical error. For infants this period can be extended. It is crucial to consult an attorney early enough to ensure that all the evidence is gathered and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend 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 qualities:

Medical Malpractice

Birth defects can result in many mental or physical problems. Some birth defects can cause death. Some of these issues are genetic, but others are due to environmental exposures or the use of prescribed drugs during pregnancy.

A medical professional or doctor may be accused of negligence if they cause birth defects through their actions or inaction. These cases are usually caused by medical negligence during delivery or labor. However, they may also be a result of any action or failure to act that is not in the range of a medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One example of this type of situation is a drug called teratogens, which can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug, then she must make a claim.

It is essential to select an attorney with experience handling these kinds of cases. Choose a law firm that is experienced in this area and works on an on a contingency basis, meaning there is no cost unless you win. Choose an attorney with excellent communication and negotiation skills. This will help ensure that you submit your claim before the time limit 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 inherited, but a few can be caused by chemical or environmental exposure, or medications that the mother took while pregnant.

Pharmaceutical companies are required to test their products properly and inform the public of any potential risks. Unfortunately certain pharmaceutical companies fail to keep up with the latest research or fail to anticipate potential side effects. Additionally, doctors can prescribe dangerous drugs to their patients, and some women do not have adequate information about the risks associated with taking certain medications 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 affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and substances that can affect their reproductive health and lead to birth defects.

If you are filing lawsuits against the people that are accountable for your child's health, it is important to gather as much evidence as you can. This includes any blood tests, ultrasound images and medical bills that arise due to the birth defect. This assists the attorney in determining the value of the case.

Product Liability

Pregnancy can be one of the most exciting and anxious experiences of women's lives. But it's also a period when many medical professionals make mistakes that could cause birth defects. An experienced attorney can help parents in submitting an appeal and gaining the amount they deserve from those responsible for the handicap of their child.

While the causes of birth defects are typically unknown to medical experts but a large proportion of birth defects can be attributed to environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

Manufacturers and those who prescribe medicines also have a duty to inform the public about the dangers of their products. Yet, a large percentage of these medications are sold off-label to women who are pregnant age without warnings regarding the risk of birth defects. This is especially applicable to antidepressants such 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 involving the development of birth defects caused by parental exposure to toxic chemicals, which includes the ones used in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C. and Suffolk University Law School.