15 Surprising Facts About Birth Defect Legal

Birth Defect Litigation

Parents want perfect children However, some injuries occur outside their control. Families may be left with huge debts when these injuries require costly procedures and special attention.

A New York birth defect lawyer can assist parents in filing an appeal and obtain compensation to cover future costs. The law has strict time limitations on when claims can be filed.

Statute of Limitations

Modern medical technology and advances have reduced the risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries still occur. Families need to consider their legal options when they are preventable.

Many birth defect suits are based on accusations of medical malpractice. These cases may involve errors committed by nurses or doctors personnel at any stage of pregnancy, labor and birth. Additionally medical professionals could be guilty of medical malpractice following the birth of a child in the event that they fail to provide proper treatment.

Generally, the time limit for these cases is 2.5 years from the date of the occurrence of medical negligence. The time frame can be extended to infants. It is important to consult a lawyer whenever you can to ensure that all evidence is gathered and that a timely complaint be filed.

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

When choosing an attorney to represent them in a birth injury or defect lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can cause various mental and physical problems. Some birth defect lawyer defects can be fatal. Some of these problems are inherited, while others are due to environmental exposures or the use of prescription drugs during pregnancy.

A doctor or medical professional may be accused of malpractice when they cause birth defects by their actions or inaction. The majority of these cases are caused by medical negligence during labor or delivery. However, they could also be a result of any action or failure to act that falls short of the medical standard of care, like not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One example involves the teratogens. These medications can lead to birth defects that are serious. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug it is recommended that she file a claim.

It is crucial to choose an attorney who has experience in these types of cases. Look for a law firm that is experienced in this area and operates on a contingency basis, so you won't have to pay a dime unless you are successful. Also, look for an attorney who has strong negotiation and communication skills. This will help ensure that you file your claim before the time limit 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 genetic, but can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Drug makers are required to ensure that their products are tested properly and inform the public about any potential risks. Unfortunately, some pharmaceutical companies fail to keep up-to-date with the latest research or fail to anticipate potential adverse effects. Certain doctors prescribe dangerous medications to their patients. Moreover, some women are not aware of the dangers associated with taking certain medications while pregnant. These drugs, referred to as teratogens, can cause birth defects, such as spina-bifida, in the fetus.

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

When bringing an action against the parties who are responsible for your child's illness it is crucial to gather as much evidence as possible. Included in this are ultrasound images or blood tests, as well as medical bills incurred as a result. This allows the attorney to determine the financial worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking moments in a woman's life. It's also a time when many medical professionals can make mistakes that lead to birth defects. A top lawyer can help parents to file a claim against the medical professionals who are responsible for their child's disabilities and receive the proper compensation they're entitled to.

Medical professionals aren't always able of determining the exact cause of birth defects, but a large number can be caused by environmental or chemical exposure. This may include contact by parents with toxic chemicals in the workplace, like solvents and glycol ethers used in semiconductor manufacturing, as well as agricultural chemicals for pesticides and spraying crops.

Furthermore, manufacturers and the people who prescribe prescription medications must inform people about the risks. A large portion of these drugs are offered to women who are pregnant without warnings of the possibility of birth defect. This is particularly 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. His practice focuses on cases involving the development of birth defects caused by parental exposure to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C. as well as Suffolk University Law School.