A Brief History History Of Birth Defect Legal

Birth Defect Litigation

Parents want perfect children However, some injuries occur outside of their control. Families can be left with huge debts when these injuries require expensive procedures and special attention.

A New York birth defect lawyers defect lawyer can help stunned parents file an action and receive compensation to pay for future expenses. The law has strict deadlines for when claims can be filed.

Statute of limitations

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

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any point during the birth, labor and delivery processes. In addition medical professionals can be guilty of medical malpractice after the birth of a child, when they fail to provide proper treatment.

In general the statute of limitation for these cases is 2.5 years from the date of the medical malpractice. For infants, the time period may be extended. It is crucial to consult an attorney whenever you can to ensure that all the evidence is gathered, and that a timely complaint be filed.

In addition to medical malpractice, a suit could also be filed on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

Parents should be aware of the following aspects when choosing an attorney to represent them in a lawsuit for birth defects or injuries:

Medical Malpractice

Birth defects can result in a wide range of mental or physical ailments. Some birth defects can cause death. Some of these problems may be genetic while others are caused by exposure to the environment or prescription medications taken during pregnancy.

A medical professional or doctor could be accused of misconduct in the event of causing birth defects through their actions or inaction. The majority of these cases are based on medical negligence in labor or delivery. They can also be a result of any perform a task that is not within the standard of medical care, like the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One such type of case involves a medication known as teratogens, which could cause serious birth defects. During pregnancy, doctors typically recommend women not to take 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 essential to select an attorney with experience handling these types of cases. Choose a law firm that has a specialization in this area and operates on a contingency basis, so you don't have to pay any fees unless you win. Also, look for a lawyer who has excellent negotiation and communication abilities. This will ensure that you submit your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require costly medical treatment and accommodations for the child. Most of the time, these issues are genetic, however some can be caused by environmental or chemical exposure, or medications that the mother took during pregnancy.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and inform consumers of any risks. Sadly many pharmaceutical companies do not keep up with the latest research or foresee potential side effects. In addition, doctors can prescribe dangerous medicines to their patients, and some women do not receive the correct information regarding the risks associated with taking certain medications during pregnancy. These are known as teratogens. They can cause birth defects in the fetus including spina bifida.

Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury that pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and other substances that harm their reproductive health and cause birth defects.

It is essential to gather as the evidence you can before filing a lawsuit against the responsible parties. This includes any ultrasound images, blood tests and medical bills incurred as a result of the birth defect. This allows the attorney to determine the monetary worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful moments in a woman's life. It's also a time where many medical professionals make mistakes that could lead to birth defects. A top lawyer can help parents to file a claim against the medical professionals accountable for their child's handicap and obtain the compensation they deserve.

While the causes of birth defects are often not understood by medical professionals but a large proportion of birth defects are linked to environmental or chemical exposure. This could include contact from parents with toxic chemicals in the workplace, such as solvents and glycol ethers used in semiconductor manufacturing as well as agricultural chemicals used for pesticides and spraying on crops.

The manufacturers and the people who prescribe medicines are also required to warn people about the dangers. Yet, a large percentage of these drugs are sold off-label to women of childbearing age without proper warnings about the possibility of birth defects. This is especially the case with 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. He focuses his practice on cases involving the development of birth defects resulting from parental exposure to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.