Five Things Everyone Makes Up About Birth Defect Legal

Birth Defect Litigation

Parents want their children to be perfect however, there are some injuries that occur out of their control. When injuries require specialized medical attention and expensive procedures, it could leave families with huge expenses.

A New York birth defect lawyer can assist parents who are shocked to file claims and receive compensation to cover the cost of future expenses. The law has strict time limitations on when a claim may be filed.

Statute of Limitations

Modern technology and medical advancements have helped reduce the risks associated with childbirth and pregnancy. Birth defects and injuries do remain a possibility. If they're preventable families need to explore their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any time during the labor birth defect lawsuit and birth processes. Medical professionals can also be guilty of malpractice following the birth of a child in the event that they fail to provide appropriate treatment.

Generally speaking, the time-limit for these cases is 2.5 years from the date of the act of medical malpractice. For infants, this 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 be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant for birth defects caused by wrongful toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

Parents should consider the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth defects or injuries:

Medical Malpractice

Birth defects can lead to various mental and physical issues. Certain birth defects could cause death. 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 when they cause birth defects as a result of their actions or inaction. The majority of these cases are due to medical negligence during labor or delivery. They also encompass any other do something that is below the standard of medical care, like, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One of these cases involves Teratogens. These drugs can result in birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must file an insurance claim.

It is important that you choose an attorney who has expertise in these kinds of cases. You should choose an attorney who has extensive experience in this field. It also is on contingency, which means you won't be charged any fees until you win. Choose an attorney with an excellent ability to communicate and negotiate. This can help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

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

Drug makers are required to ensure that their products are tested properly and inform the public of any potential dangers. Sadly some pharmaceutical companies do not keep up with research or anticipate the potential adverse consequences. Some doctors prescribe dangerous drugs to their patients, and some women are not aware of the dangers associated with taking certain medications during pregnancy. These drugs, also known as teratogens, may cause birth defects, such as spina-bifida that can occur in the fetus.

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

It is crucial to collect as much evidence as you can prior to filing a lawsuit against the responsible parties. Included in this are any ultrasound images and blood tests as well as medical bills that are incurred as a result. This helps the attorney establish the monetary value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful experiences a woman can go through in her life. It's also a time where medical professionals make mistakes that result in birth defects. An experienced attorney can help parents in submitting an appeal and gaining the compensation they deserve from the people responsible for the disabilities of their child.

While the causes of birth defects are often unknown to medical experts but a large proportion of birth defects can be linked to exposure to chemicals or environmental causes. This could be due to contact by parents with toxic chemicals at the workplace, for example glycol ethers and solvents used in semiconductor manufacturing as well as agricultural chemicals used for pesticides and spraying on crops.

Manufacturers and those who prescribe medications must also warn the public about their risks. However, a significant portion of these medications are sold off-label to women of childbearing age without proper warnings about the possibility of birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where birth Defect Lawsuit defects result from exposure to toxic chemicals in the home by parents such as those used in semiconductor manufacturing or agriculture. He graduated of the American University in Washington, D.C. and Suffolk University Law School.