What s Holding Back This Birth Defect Legal Industry

Birth Defect Litigation

Parents want their children to be perfect, but some injuries happen outside their control. Families could be faced with a huge bill when injuries require costly procedures and special care.

A New York birth defect lawyer can assist parents in filing a claim and get compensation to cover the cost of future expenses. The law has strict time limits for when claims can be filed.

Statute of Limitations

Modern medical technology and advancements in medical science have made it possible to reduce the risks related to pregnancy, childbirth and birth. However, birth defects and injuries still occur. Families must consider their legal options when they are preventable.

Many birth defect suits are stemming from allegations of medical malpractice that occurred. These cases could involve mistakes committed by nurses or doctors staff at any point during pregnancy, labor and birth. Medical professionals may also be negligent after the birth of a baby when they fail to provide the proper treatment.

Generally speaking, the statute of limitations in these cases is generally 2.5 years from when the act was committed of medical malpractice. For infants, this can be extended. It is nevertheless important to seek legal advice as soon as you can to ensure that all evidence has been collected and that a timely claim be filed.

In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defects resulting from improper 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 aspects when choosing an attorney to represent them in a suit for birth defect or injury:

Medical Malpractice

Birth defects can trigger a wide range of mental or physical issues. Some birth defects can cause death. Some of these issues may be caused by genetics while others are caused through exposure to the environment or prescription drugs taken during pregnancy.

A medical professional or doctor could be accused of misconduct if they cause birth defects through their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they could also be a result of any action or failure to act in excess of the medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One such type of situation is a drug called teratogens. This medication can cause serious birth defects. During pregnancy, doctors usually 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 medication, she must make a claim.

It is crucial to choose an attorney who has experience in these types of cases. You should choose an attorney with extensive experience in this field. It also works on contingency, so you won't have to pay anything until you win. Choose an attorney with great negotiation and communication skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, which require expensive medical care and accommodations for birth defects the child. These issues are often genetic, but can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.

Pharmaceutical companies are required to test their products thoroughly and inform the public of any potential dangers. Unfortunately, some pharmaceutical companies do not keep up with research or anticipate potential side consequences. Certain doctors prescribe dangerous medications to their patients and some women are not informed about the dangers associated with taking certain drugs while pregnant. These medications are referred to as teratogens and can cause birth defect law firm defects in the fetus, including spina Bifida.

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

It is important to collect as much evidence as you can prior to filing a suit against the party responsible. Included in this are any ultrasound images as well as blood tests and medical bills incurred due to. This information will help attorneys determine the worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful experiences a woman can go through in her life. It's also a time when medical professionals can make mistakes that could cause birth defects. A top attorney can assist parents in submitting a claim and obtaining the amount they deserve from those responsible for the disability of their child.

While the causes of birth defects are usually unknown to medical experts but a large proportion of birth defects can be linked to exposure to chemicals or environmental causes. This can include exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.

In addition, manufacturers and those who prescribe prescription drugs have a responsibility to inform patients of the risks. However, a significant portion of these drugs are sold off-label for women of childbearing age without warnings regarding the potential for birth defects. 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 defect lawsuits against chemical and pharmaceutical companies. His practice focuses on cases involving the occurrence birth defects that result from exposure of parents to toxic chemicals, which includes the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.