14 Questions You re Refused To Ask Birth Defect Legal

Birth Defect Litigation

Parents want their children to be perfect However, some accidents happen out of their control. When these injuries require special treatment and expensive procedures, it could result in huge costs for families.

A New York birth defect lawyer can assist parents who are stunned to file a claim and get compensation to pay for future expenses. The law has strict deadlines on when claims can 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 still occur. Families should consider their legal options if they are preventable.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors staff at any time during labor, birth and pregnancy. Additionally medical professionals can be guilty of medical malpractice following the birth of a child when they fail to provide proper treatment.

In general the statute of limitation for these cases is 2.5 years from the date of the medical malpractice. For infants, this period may be extended. It is essential to talk with an attorney whenever you can to ensure that all evidence is collected and that a timely complaint be filed.

In addition to medical malpractice, a suit may also be filed on behalf of an infant for birth defects caused by wrongful toxic and chemical exposures that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

Parents should consider the following characteristics when choosing an attorney to represent them in a lawsuit for birth injury or defect:

Medical Malpractice

Birth defects can trigger many physical or mental problems. Some birth defects can be fatal. Some of these problems are genetic, but others are caused by environmental exposures or the use of prescription drugs during pregnancy.

A doctor or medical professional could be accused of misconduct if they cause birth defects through their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they can also include any act or failure to act that falls short of the medical standard of care, such as failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One such type of case involves a medication called teratogens. This medication can cause serious birth defects. In the course of pregnancy, doctors generally advise women to stay clear of this medication, which is commonly used in the treatment of seizures. If a pregnant woman is exposed to this drug, she should file a claim.

It is important to choose an attorney who is experienced in handling these types of cases. You should choose an attorney who has years of experience in this field and is based on contingency, meaning that you don't have to pay any fees until you win. Find an attorney who has an excellent ability to communicate and negotiate. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require expensive medical treatment and accommodations for the child. Most of the time, these issues are genetic, but some of them may be caused by chemical or environmental exposure, or the medications the mother took during pregnancy.

Drug makers are required to thoroughly test their products and inform consumers of any potential risks. Sadly many pharmaceutical companies do not keep up with research or foresee potential side consequences. Some doctors prescribe dangerous drugs to their patients. Moreover, some women are not informed about the dangers associated with using certain drugs during pregnancy. These medications are referred to as teratogens and can cause birth defects in the fetus, including spina Bifida.

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

When filing lawsuits against the people accountable for your child's condition it is crucial to gather as much evidence as you can. This includes ultrasound scans, blood tests, and medical bills incurred due to the birth defect. This allows the attorney to determine the monetary value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. It's also a time when many medical professionals make mistakes that could lead to birth defects. An experienced attorney can help parents in submitting an appeal and gaining the compensation they deserve from those who are responsible for the impairment of their child.

Although the causes of birth defects are often not understood by medical professionals but a large proportion of birth defects can be attributed to environmental or chemical exposure. This can include parental contact with toxic chemicals at the workplace, like solvents and glycol ethers used in semiconductor manufacturing, as well as agricultural chemicals used for birth defects pesticides and crop spraying.

Additionally, the manufacturers and those who prescribe prescription medications are required to inform people of their risks. However, a significant portion of these medications are sold off-label to women of childbearing age without adequate warnings about the possibility of birth defects. This is particularly applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases involving the occurrence birth defects due to exposure of parents to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.