What Will Birth Defect Legal Be Like In 100 Years

Birth Defect Litigation

Some injuries are beyond the parents in their control. If these injuries require special treatment and expensive procedures, it can result in huge costs for families.

A New York birth defect attorney can help parents who are shocked to file a claim to get compensation for future expenses. However, the law places strict deadlines when a claim should be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks that come with childbirth and pregnancy. However birth defects and injuries still occur. When they are preventable, families must consider their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any time during the birth, labor and delivery processes. In addition medical professionals can be guilty of medical malpractice following the birth of a baby by failing to provide proper treatment.

In general the statute of limitations for these cases is 2.5 years after the date of the medical mistake. For infants, this time is sometimes extended. It is essential to talk with a lawyer whenever you can to ensure that all the evidence is gathered, and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

When selecting an attorney for a birth injury or defect lawsuit parents should be looking for the following characteristics:

Medical Malpractice

Birth defects can lead to many mental or physical problems. Some of them may even be fatal. Some of these issues may be caused by genetics and others may be caused through exposure to the environment or prescription drugs taken during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects by their actions or inaction. These cases usually are based on medical negligence in labor or delivery. They may also involve any act of failure to perform a task that is not within the standard of medical care, for example the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of case is a medication called teratogens. It can cause birth defects that are serious. During pregnancy, doctors typically recommend women not to take this medication, which is commonly used in the treatment of seizures. If a woman who is pregnant is exposed to this medication, she must file a claim.

It is crucial to choose an attorney with experience in these types of cases. Choose a law firm that is specialized in this area and operates on the basis of a contingent fee, which means you don't pay anything unless you succeed. Find an attorney who has excellent communication and negotiation skills. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

Drug manufacturers have an obligation to ensure that their products are tested properly and warn consumers of any potential risks. Unfortunately, some pharmaceutical companies do not keep up-to-date with current research or fail to anticipate possible side consequences. Certain doctors prescribe dangerous drugs to their patients. Moreover, some women are not aware of the risks of using certain drugs during pregnancy. These drugs, known as teratogens can cause birth defects, such as spina-bifida that can occur in the fetus.

Other substances that may cause birth defects include chemicals employed in the production and agricultural industries in addition to heavy metals, like mercury that are contaminating 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 harm their reproductive health and cause birth defects.

It is essential to gather as many evidences as you can prior to making a claim against the responsible parties. This includes ultrasound images, blood tests and medical bills that arise because of the birth defect. This helps the attorney establish the monetary worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking experiences a woman can go through in her life. But it's also a period where many medical professionals make mistakes that can cause birth defects. An experienced attorney can help parents bring a lawsuit against those responsible for their child's condition and receive the proper compensation they're entitled to.

Medical experts aren't always able determine the causes of birth defects, however most of them can be due to environmental or chemical exposure. This could include contact from parents with toxic chemicals at the workplace, such as solvents and birth defect lawsuits glycol ethers used in semiconductor manufacturing as well as chemical pesticides used in agriculture and Birth defect lawsuits spraying on crops.

In addition, manufacturers and those who prescribe prescription medicines have a responsibility to warn people of their risks. A large portion of these medications are sold to women who are pregnant, without warnings about the risk of birth defect. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases involving the occurrence of birth defects that result from exposure of parents to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He is a graduate of the American University in Washington, D.C. as well as Suffolk University Law School.