What Freud Can Teach Us About Birth Defect Legal

Birth Defect Litigation

Certain injuries are beyond the parents of their control. Families could be faced with huge debts when these injuries require expensive procedures and special care.

A New York birth defect attorney can assist parents shocked to file claims to obtain compensation for future expenses. However, the law imposes strict deadlines for when a claim should be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks of childbirth and pregnancy. However birth defect lawsuit defects and injuries do occur. If they can be prevented, families need to explore their legal options.

Many birth defect lawsuits are founded on allegations that medical malpractice occurred. These cases can involve mistakes made by doctors or nursing personnel at any stage of pregnancy, labor and birth. Additionally, medical professionals can commit medical malpractice after the birth of a child when they fail to provide the proper treatment.

In general the statute of limitations in these cases is 2.5 years after the date of the medical error. For infants, the time can be extended. It is nevertheless important to seek legal counsel as soon as possible to ensure that all evidence has been collected and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of an infant for birth defects resulting from improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.

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

Medical Malpractice

Birth defects can lead to numerous mental or physical problems. Some birth defects can be fatal. Certain of these problems could be caused by genetics while others are triggered by exposure to environmental factors or prescription medications used during pregnancy.

A medical professional or doctor could be convicted of malpractice in the event of causing birth defects through their actions or inaction. These cases are usually based on medical negligence during delivery or birth defects labor. However, they can also include any act or inability to act in excess of a medical standard of care, like failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One instance of case involves a medication called teratogens. It can cause serious birth defects. When pregnant, doctors usually recommend women not to take this medication, which is commonly used in the treatment of seizures. If a pregnant woman is exposed to this drug, she should file an insurance claim.

It is crucial to select an attorney who has expertise in these kinds of cases. You should choose an attorney with expertise in this area and operates on contingency basis, which means you won't have to pay anything until you win. Look for an attorney who has an excellent ability to communicate and negotiate. This will help ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

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

Drug makers are required to ensure that their products are tested properly and inform consumers of any potential risks. Unfortunately some pharmaceutical companies fail to keep up with the latest research or foresee potential side consequences. In addition, doctors can prescribe dangerous drugs to their patients, and some women do not receive adequate information on the dangers of taking certain drugs during pregnancy. These drugs are referred to as teratogens. They can cause birth defects in the fetus. This includes spina Bifida.

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

It is essential to gather as the evidence you can prior to filing a lawsuit against the party responsible. Included in this are ultrasound images, blood tests, and medical bills incurred as a result. This information will help the attorney assess the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet nerve-wracking experiences in a woman's lifetime. However, it's also a time where many medical professionals make mistakes that can lead to birth defects. A top lawyer can assist parents in filing claims and getting the compensation they deserve from those who are responsible for the impairment of their child.

While the causes of birth defects are typically not understood by medical professionals but a large proportion of birth defects are linked with exposure to chemicals or the environment. This can include exposure by parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.

Furthermore, birth Defects manufacturers and the people who prescribe prescription medications have a responsibility to warn consumers of the dangers. Yet, a substantial portion of these drugs are marketed off-label for women of childbearing age, without warnings about the potential for birth defects. This is especially applicable to antidepressants such 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 occurrence of birth defects caused by exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.