15 Astonishing Facts About Birth Defect Legal

Birth Defect Litigation

Parents want perfect children however, there are some injuries that occur beyond their control. Families could be faced with huge bills when these injuries require costly procedures and special attention.

A New York birth defect lawyer can assist parents who are stunned to file an action and receive compensation to cover the cost of future expenses. The law has strict deadlines for when claims can be filed.

Statute of limitations

Modern technology and medical advancements have aided in reducing the risks associated with pregnancy, childbirth and birth. However, birth defects and injuries can still occur. If they can be prevented, families need to explore their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases can involve errors committed by nurses or doctors at any point during the pregnancy, labor and delivery processes. Medical professionals may also be negligent after the birth of a baby by failing to provide the correct treatment.

Generally, the time limit for these cases is generally 2.5 years from the date of the act of medical negligence. For infants this is sometimes extended. However, it is essential to seek legal counsel as soon as you can to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a suit may also be filed on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defects lawyers can look into these claims and bring them to trial on behalf of the family.

Parents should be aware of the following aspects when choosing an attorney to represent them in a suit for birth defect or injury:

Medical Malpractice

Birth defects can cause various mental and physical ailments. Some of them can be fatal. Some of these problems are inherited, whereas others are due to exposure to environmental factors or the usage of prescription medications during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defects due to their actions or inaction. The most common cases involve medical negligence during the birth or labor process. They also encompass any other be in compliance with a standard of medical care, such as the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One example is involving teratogens. These medications can cause birth defects that are serious. When pregnant, doctors usually recommend women not to take this medication, which is commonly used to treat seizures. If the woman is exposed to the drug, it is recommended that she file a claim.

It is important that you select an attorney who has previous experience in these cases. Look for a law firm that has a specialization in this area and operates on the basis of a contingent fee, which means you don't pay anything unless you are successful. Additionally, you should choose a lawyer with strong communication and negotiation abilities. This will ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to test their products properly and warn the public of any potential dangers. Sadly many pharmaceutical companies fail to keep up with the latest research or anticipate potential side consequences. Certain doctors prescribe dangerous drugs to their patients, and some women aren't aware of 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 could cause birth defects include chemicals employed in the production and agricultural industries as well as heavy metals such as mercury, which are contaminating the groundwater or the air. Diane Paolicelli's career in law has been dedicated to combating powerful corporations that expose women to harmful chemicals and substances that could damage their reproductive health or lead to birth defects.

It is important to collect as the evidence you can before making a claim against the parties responsible. Included in this are any ultrasound images, blood tests, and medical bills incurred as a result. This allows the attorney to determine the worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking events in a woman's lifetime. However, 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 receive the justice they deserve.

Medical experts aren't always able to pinpoint the exact cause of birth defects, but a large number can be attributable to environmental or chemical exposure. This may include contact by parents with toxic chemicals at the workplace, such as solvents and glycol ethers used in semiconductor manufacturing and chemical pesticides used in agriculture and spraying crops.

Furthermore, manufacturers and those who prescribe prescription drugs are required to inform patients of the risks. However, a lot of these drugs are marketed off-label to women who are pregnant age without adequate warnings about the potential for birth defects. This is especially true for antidepressants such as Prozac and Zoloft.

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