15 Astonishing Facts About Birth Defect Legal

Birth Defect Litigation

Some injuries are beyond the parents or their control. Families may be left with a large bill when injuries require expensive procedures and special care.

A New York birth defect attorney can help parents in shock file claims to obtain compensation for future expenses. The law has strict time limits on when claims can be filed.

Statute of limitations

Modern medical technology and advances have aided in reducing the risks associated with pregnancy, childbirth and birth. Birth defects and injuries persist. If they can be prevented, families should consider their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice that occurred. These cases can involve errors made by nurses or doctors at any point during the birth, labor and delivery procedures. Additionally medical professionals may be guilty of medical malpractice following the birth of a child, in the event that they fail to provide proper treatment.

In general, the statutes of limitations in these cases are 2.5 years from the date of the medical malpractice. For infants, the time can be extended. However, it is important to seek legal advice as soon as you can to ensure that all evidence has been collected and that a timely claim can be filed.

A lawsuit can be filed on behalf of a child for birth defects that are caused by toxic and chemical exposures during the pregnancy. Specially trained birth defect lawyers can look into the claims and then prosecute them on behalf of the family.

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

Medical Malpractice

Birth defects can lead to a wide range of mental or physical problems. Some of them can be fatal. Some of these problems are caused by genetics, while others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

A medical professional or doctor may be accused of negligence if they cause birth defects through their actions or inaction. These cases usually are caused by medical negligence during labor or delivery. However, they can include any act or failure to act that is in violation of the medical standard of care, such as failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One such case involves teratogens. These drugs can result in serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should make an insurance claim.

It is crucial to select an attorney who is experienced in handling these types of cases. Find a firm that has a specialization in this field and operates on an hourly basis, which means you won't have to pay a dime unless you get the case won. Find an attorney who has outstanding negotiation and communication skills. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

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

Pharmaceutical companies are required to test their products properly and inform the public about the potential dangers. Unfortunately some pharmaceutical companies don't keep up with the latest research or fail to anticipate possible side effects. Furthermore, doctors may prescribe dangerous medications to their patients and some women do not have adequate information about the dangers of taking certain medications during pregnancy. These medications, also known as teratogens may cause birth defects such as spina-bifida in the fetus.

Other substances that may cause birth defects include chemicals used in agriculture and manufacturing as well as heavy metals like mercury that are contaminating air or groundwater. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that affect their reproductive health and cause birth defects.

If you are filing lawsuits against the parties accountable for your child's condition, it is important to gather as much evidence as you can. This includes ultrasound images, blood tests and medical bills incurred because of the birth defect. This information can help the attorney assess the worth of the case.

Product Liability

Pregnancy is among the most exciting and anxiety-inducing experiences in the life of a woman. It's also a time when medical professionals are prone to making mistakes that lead to birth defects. An experienced attorney can help parents in submitting an appeal and gaining the money they deserve from the people responsible for the disabilities of their child.

Although the causes of birth defects are typically not understood by medical professionals however, many of them can be linked to exposure to chemicals or environmental causes. This can include parental contact with toxic chemicals at the workplace, such as solvents and glycol ethers used in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and spraying on crops.

The pharmaceutical companies and those who prescribe medications also have a duty to warn people about the dangers. However, a significant portion of these drugs are sold off-label for women of childbearing age without warnings regarding the risk of birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, Birth Defect Attorney represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects result from exposure to toxic chemicals by parents such as those used in semiconductor manufacturing or farming. He graduated from American University in Washington, D.C. and Suffolk University Law School.