20 Things You Need To Know About Birth Defect Legal

Birth Defect Litigation

Parents want perfect babies, but some injuries happen outside of their control. Families may be left with huge bills when these injuries require expensive procedures and special care.

A New York birth defect attorney can help parents grieving and file claims to obtain compensation for future expenses. However, the law imposes strict deadlines the time a claim has to be filed.

Statute of limitations

Modern medical technology and advances have made it possible to reduce the risks associated with pregnancy, childbirth and birth. Birth defects and injuries remain a possibility. Families need to consider their legal options if they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any point during the birth process, including labor and pregnancy. In addition medical professionals can be guilty of medical malpractice following the birth defect lawyers of a child, if they fail to provide the correct treatment.

In general the statute of limitations in these cases are 2.5 years after the date of the medical negligence. The time limit can be extended for infants. But, it is crucial to seek legal counsel as soon as possible to ensure that all evidence is obtained and that a timely claim can be filed.

In addition to medical malpractice, a suit can also be filed on behalf of a baby for birth defects caused by improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

When selecting an attorney for a birth injury or defect lawsuit parents should look for the following characteristics:

Medical Malpractice

Birth defects can lead to an array of physical or mental problems. Some birth defects may cause death. Some of these problems are inherited, whereas others are due to exposure to the environment or the use of prescription drugs during pregnancy.

A doctor or medical professional may be accused of negligence when they cause birth defects through their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they could also be a result of any action or failure to act in excess of a medical standard of care, like failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One example is involving the teratogens. These medications can lead to serious birth defects. During pregnancy, doctors usually advise women to stay clear of this medication, which is utilized to treat seizures. If a pregnant woman is exposed to this medication, she must make a claim.

It is important to select an attorney who has experience in handling these kinds of cases. Look for a law firm that has a specialization in this area and works on an hourly basis, which means you don't have to pay any fees unless you are successful. Additionally, you should choose an attorney with excellent communication and negotiation skills. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

A variety of birth defects cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. These issues are often caused by genetics, but can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.

Drug manufacturers have an obligation to adequately test their products and warn consumers of any risks. Unfortunately, some pharmaceutical companies do not keep up with the latest research or anticipate possible side effects. Certain doctors prescribe dangerous drugs to their patients, and some women aren't aware of the dangers associated with taking certain drugs while pregnant. These drugs, also known as teratogens may cause birth defects, including spina-bifida, in the fetus.

Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury, which contaminate air or groundwater. Diane Paolicelli's career in law has been dedicated to combating powerful corporations that expose women to toxic chemicals and substances that may cause harm to their reproductive health and lead to birth defects.

When filing lawsuits against the parties responsible for your child's condition it is crucial to gather as much evidence as you can. This includes ultrasound scans, blood tests and medical bills that arise because of the birth defect. This information helps the attorney determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting, but anxious experiences of women's lives. It's also a time when medical professionals are prone to making mistakes that lead to birth defects. A top lawyer can assist parents in submitting an appeal and gaining the money they deserve from those who are responsible for the impairment of their child.

Although the causes of birth defects are often not understood by medical professionals, a significant number are linked to exposure to chemicals or environmental factors. This could include contact from parents with toxic chemicals at the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing as well as agricultural chemicals used for pesticides and crop spraying.

Furthermore, manufacturers and those who prescribe prescription medicines are required to inform people of their risks. A significant portion of these drugs is marketed to women who are pregnant, without warnings of the potential for birth defect. 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 defect lawsuits against chemical and pharmaceutical companies. His practice focuses on cases involving the development of birth defects due to exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C., and Suffolk University Law School.