How To Explain Birth Defect Legal To Your Boss

Birth Defect Litigation

Certain injuries are beyond the parents or their control. Families may be left with a huge bill when injuries require costly procedures and special care.

A New York birth defect attorney can assist parents who are grieving and file an action to receive compensation for 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 helped to reduce the risks of childbirth and pregnancy. However, birth defects and injuries do occur. Families need to consider their legal options if they can be prevented.

Many birth defect lawsuits are made on the basis of accusations of medical malpractice. These lawsuits can result from mistakes made by nurses or doctors staff at any point during labor, birth and pregnancy. Medical professionals may also be negligent following the birth of a child in the event that they fail to provide appropriate treatment.

In general, the statutes of limitation for these cases are 2.5 years from the date of the medical mistake. For infants, the time period may be extended. It is essential to speak with a lawyer as soon as you can to ensure that all the evidence is collected, and that a timely complaint can be filed.

In addition to medical malpractice, a suit could also be filed on behalf of an infant for birth defects that result from wrongful exposure to chemicals and toxic substances that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.

Parents should be aware of the following factors when choosing an attorney to represent their interests in a lawsuit filed for birth defects or injuries:

Medical Malpractice

Birth defects can lead to a wide range of mental or physical issues. Some birth defect lawyer defects can be fatal. Some of these problems are caused by genetics, while others are due to exposure to environmental factors or the use of prescription medications during pregnancy.

A doctor or medical professional may be accused of negligence if they cause birth defects through their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they can comprise any act or failure to act that falls short of a medical standard of care, like not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One example of this type of situation is a drug called teratogens. This medication can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug, then she must file an action.

It is important that you select an attorney with prior experience in these types of cases. It is best to choose a firm that has extensive experience in this field. It also is based on contingency, meaning that you won't have to pay any fees until you win. Also, search for a lawyer who has excellent negotiation and communication skills. This will help ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require costly medical care and accommodations for the child. Often, these conditions are inherited, but a few of them are caused by environmental or chemical exposure or medication that the mother took while pregnant.

Pharmaceutical companies are required to test their products thoroughly and inform the public of any potential dangers. Unfortunately some pharmaceutical companies fail to keep up-to-date with the latest research or fail to anticipate potential adverse effects. Additionally, doctors can prescribe dangerous medications to their patients and women may not receive adequate information on the dangers of taking certain medications during pregnancy. These drugs are referred to as teratogens, and 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, and heavy metals like mercury, which affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that could damage their reproductive health and cause birth defects.

It is essential to gather as many evidences as you can prior to filing a lawsuit against the responsible parties. This includes ultrasound images, blood tests and medical bills incurred because of the birth defect. This information helps the attorney to determine the value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. However, it's also a time where many medical professionals make mistakes that can lead to birth defects. A top lawyer can help parents bring a lawsuit against those accountable for their child's handicap and get the justice they deserve.

Although the causes of birth defects are generally unknown to medical experts but a large proportion of birth defects can be linked to exposure to chemicals or environmental causes. 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 for crops and pesticides.

The pharmaceutical companies and those who prescribe medicines also have a duty to inform the public about the risks. Yet, a substantial portion of these drugs are sold off-label to women of childbearing age, without 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 chemical and pharmaceutical 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 is a graduate of the American University in Washington, D.C. as well as Suffolk University Law School.