Does Technology Make Birth Defect Legal Better Or Worse

Birth Defect Litigation

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

A New York birth defect lawyer can assist parents who are stunned to file a claim and get compensation to cover the cost of future expenses. However, the law puts strict deadlines on the time a claim has to be filed.

Statute of limitations

Modern technology and medical advances have aided in reducing the risks related to pregnancy, childbirth and birth. Birth defects and injuries remain a possibility. When they are preventable, families need to explore their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes made by doctors or nurses at any time during labor and birth processes. In addition medical professionals can be guilty of medical malpractice following the birth defect lawyers of a child in the event that they fail to provide the proper treatment.

In general, the statutes of limitation for these cases are 2.5 years after the date of the medical negligence. For infants this can be extended. But, it is crucial to seek legal counsel as soon as possible 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 that result from wrongful exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defects lawyers can investigate these claims and pursue them on behalf of the family.

Parents should take into consideration the following factors when choosing an attorney to represent them in a suit for birth defects or birth injuries:

Medical Malpractice

Birth defects can lead to an array of mental or physical problems. Some may even be fatal. Some of these problems are caused by genetics, while others are due to environmental exposures or the use of prescription medications during pregnancy.

A doctor or medical professional could be convicted of malpractice if they cause birth defects through their actions or inaction. Most cases involve medical negligence during the birth or labor process. They can also include any act of failure to act which falls below a standard of medical care, such as not diagnosing an illness or prescribing incorrect medication during pregnancy.

One example of situation involves a drug known as teratogens, which could cause birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug then she should submit an insurance claim.

It is important that you select an attorney who has experience in these types of cases. It is best to choose a firm that has experience in this field and is based on contingency, meaning that you don't have to pay any fees until you win. Also, look for an attorney with excellent negotiation and communication skills. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects can cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. The majority of these problems are genetically inherited, but some of them are caused by environmental or chemical exposure, or the medications the mother took while pregnant.

Drug manufacturers are required to adequately test their products and warn consumers of any potential risks. Unfortunately, some pharmaceutical companies fail to keep up with the latest research or fail to anticipate potential adverse consequences. Additionally, doctors can prescribe dangerous medications to their patients and some women do not receive adequate information on the risks associated with taking certain drugs during pregnancy. These medications, also known as teratogens may cause birth defects, such as spina-bifida, which is a birth defect in the fe.

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

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

Product Liability

Pregnancy is one of the most thrilling and stressful moments in a woman's life. However, it's also a time where medical professionals often 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 compensation they deserve.

Although the causes of birth defects are typically unknown to medical experts however, a significant proportion can be linked to environmental or chemical exposure. This can include exposure by parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

In addition, the manufacturer and those who prescribe prescription drugs have a responsibility to inform consumers of the dangers. Yet, a large percentage of these drugs are offered off-label for women of childbearing age without warnings regarding the risk of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in Birth Defect Law Firms defects lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases where birth defects are caused by parental exposure to toxic chemical such as those that are employed in semiconductor manufacturing or agricultural. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.