What s Holding Back This Birth Defect Legal Industry

Birth Defect Litigation

Some injuries are out of the parents in their control. When injuries require specialized care and costly procedures, it can leave families with huge expenses.

A New York birth defect attorney can assist parents who are shocked to file claims to obtain compensation for future expenses. The law has strict time limits on when a claim may be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce risks associated with pregnancy, childbirth and birth. However, birth defects and injuries can still occur. Families must consider their legal options when they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve errors made by doctors or nurses at any point during the birth, labor and delivery processes. Medical professionals can also commit malpractice after the birth defect law firm of a baby if they fail provide proper treatment.

In general, the statutes of limitations in these cases are 2.5 years after the date of the medical malpractice. The time frame can be extended for infants. But, it is crucial to seek legal advice as soon as you can to ensure that all evidence is obtained and Birth defects that a timely claim can be filed.

In addition to medical malpractice, a suit may also be filed on behalf of an infant for birth defects caused by wrongful exposure to chemicals and toxic substances that occur during a 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 injury or defect lawsuit, parents should look for the following characteristics:

Medical Malpractice

Birth defects can lead to an array of mental or physical ailments. Some birth defects can cause death. Some of these issues are inherited, while others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

A medical professional or doctor could be accused of misconduct when they cause birth defects through their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they may also include any act or failure to act that falls short of the medical standard of care, for birth defects instance, failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One instance of situation is a drug known as teratogens, which could cause serious birth defects. During pregnancy, doctors typically advise women to not take this medication, which is utilized to treat seizures. If a woman who is pregnant is exposed to this medication, she must make a claim.

It is crucial to choose an attorney who has prior experience in these types of cases. Find a firm that is specialized in this area, and works on an on a contingency basis, meaning there is no cost unless you succeed. Also, you should look for an attorney with excellent communication and negotiation skills. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

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

Drug makers are required to test their products properly and inform the public of any potential risks. Unfortunately, some pharmaceutical companies do not keep up with the latest research or fail to anticipate possible adverse effects. Additionally, doctors can prescribe dangerous drugs to patients as well as some women do not have adequate information about the risks of taking certain medications during pregnancy. These medications are referred to as teratogens and can cause birth defects in the fetus including spina bifida.

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

It is crucial to collect as much evidence as you can prior to filing a suit against the parties accountable. This includes any ultrasound images, blood tests, and medical bills that came up due to the birth defect. This information can help the attorney determine the value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. However, it's also a time where medical professionals often make mistakes that could cause birth defects. A top lawyer can assist parents in filing a claim and obtaining the money they deserve from those who are responsible for the impairment of their child.

Although the causes of birth defects are usually unknown to medical experts but a large proportion of birth defects are linked to exposure to chemicals or environmental causes. This could include exposure of parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in crop spraying and pesticides.

Furthermore, manufacturers and the people who prescribe prescription medications have a responsibility to inform consumers of the dangers. However, a lot of these drugs are offered off-label for women of childbearing age, without warnings about the risk of birth defects. This is especially true for 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 involving the development of birth defects resulting from parental exposure to toxic chemicals such as the ones used in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C. as well as Suffolk University Law School.