Are You Getting The Most Of Your Birth Defect Legal

Birth Defect Litigation

Parents want perfect children however, there are some injuries that occur beyond their control. If these injuries require special medical attention and expensive procedures, it can cause families to incur huge costs.

A New York birth defect lawyer can assist parents in filing a claim and get compensation to cover future expenses. However, the law imposes strict deadlines the time a claim has to be filed.

Statute of limitations

Modern technology and medical advancements have aided in reducing the risks related to pregnancy, childbirth and birth defect attorneys. However, birth defects and injuries still occur. When they are preventable, families must consider their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors personnel at any stage of labor, pregnancy and birth. Additionally medical professionals may be guilty of medical malpractice after a child's birth in the event that they fail to provide proper care.

Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the occurrence of medical malpractice. For infants, this period can be extended. It is nevertheless important to seek legal advice as soon as possible to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a lawsuit can 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. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

When choosing an attorney for a birth injury or defect lawsuit, parents should look for the following qualities:

Medical Malpractice

Birth defects can trigger many physical or mental problems. Certain birth defects can be fatal. Some of these problems may be genetic while others are triggered by exposure to environmental factors or prescription medications used during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects as a result of their actions or inaction. These cases typically are due to medical negligence during delivery or labor. However, they could also include any act or failure to act that falls short of the medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One such case involves teratogens. These medications can lead to birth defects that are serious. During pregnancy, doctors usually recommend women not to take this medication, which is used in the treatment of seizures. If a woman is exposed to the drug then she should file an insurance claim.

It is essential to choose an attorney with experience in these types of cases. You should seek out an attorney with extensive experience in this field. It also is on contingency, which means you won't be charged anything until you win. Also, search for a lawyer who has excellent communication and negotiation abilities. This will ensure that you make your claim in time before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require expensive medical treatment and accommodations for the child. Most often, these disorders are inherited, but a few of them are caused by environmental or chemical exposure, or by medications the mother took during pregnancy.

Drug makers are required to test their products thoroughly and inform the public about any potential risks. Sadly some pharmaceutical companies fail to keep up with research or anticipate possible side effects. Additionally, doctors can prescribe dangerous medications to their patients and some women do not have adequate information about the risks of taking certain medications during pregnancy. These medications, also known as teratogens, can cause birth defects such as spina-bifida that can occur in the fetus.

Other substances that could cause birth defects are chemicals used in manufacturing and agriculture in addition to heavy metals, like mercury, which are contaminating the air or groundwater. Diane Paolicelli's legal profession has been focused on fighting powerful corporations that expose women to toxic substances and chemicals that can harm their reproductive health or cause birth defects.

If you decide to file an action against the parties accountable for your child's condition it is crucial to gather the most evidence you can. This includes ultrasound images, blood tests, and medical bills that arose due to the birth defect. This will help the attorney determine the worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. But it's also a period when many medical professionals make mistakes that could lead to birth defects. An experienced attorney can help parents in filing an action and obtaining the amount they deserve from the people responsible for the disabilities of their child.

Medical experts aren't always able determine the root of birth defects, however most of them can be caused by environmental or chemical exposure. This could include exposure of parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.

Furthermore, manufacturers and those who prescribe prescription medicines have a responsibility to warn patients of the risks. However, a significant portion of these drugs are sold off-label to women of childbearing age without adequate warnings about the possibility of birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects result from exposure of parents to toxic chemicals, such as those employed in semiconductor manufacturing or agricultural. He graduated from American University in Washington, D.C. and Suffolk University Law School.