Indisputable Proof Of The Need For Birth Defect Legal

Birth Defect Litigation

Some injuries are beyond the parents' control. Families are left with a huge bill when injuries require costly procedures and special care.

A New York birth defect attorney can help parents in shock file an action to receive compensation for future expenses. However, the law has strict deadlines for when a claim should be filed.

Statute of limitations

Modern medical technology and advancements in medical science have aided in reducing the risks that are associated with childbirth, pregnancy and birth. However, birth defects and injuries continue to occur. Families need to explore their legal options when they are preventable.

Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any time during pregnancy, labor and birth. Additionally medical professionals can be guilty of medical malpractice following the birth of a child when they fail to provide the correct treatment.

In general the statute of limitation for these cases are 2.5 years from the date of the medical malpractice. This time period can be extended for infants. However, it is important to seek legal counsel early enough to ensure that all evidence has been collected and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of a baby 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 defend these claims on behalf of the family.

Parents should consider the following factors when choosing an attorney to represent their interests in a lawsuit filed for birth injury or defect:

Medical Malpractice

Birth defects can cause various mental and physical problems. Certain birth defects could cause death. Some of these issues are genetic, but others are due to exposure to environmental factors or the usage of prescription drugs during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects due to their actions or inaction. The most common cases involve medical negligence during the birth or labor process. They can also include any act of failure to do something that is below the standard of medical treatment, for instance the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One such type of case involves a medication called teratogens. It can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must make an insurance claim.

It is crucial to choose an attorney who has previous experience in these cases. It is best to choose an attorney with experience in this field and is based on contingency, meaning that you don't have to pay anything until you win. Also, look for an attorney who has strong communication and negotiation abilities. This will ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

A variety of birth defects cause physical or mental disabilities that require costly medical treatment and accommodations for the child. These conditions are often caused by genetics, but can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.

Drug manufacturers are required to adequately test their products and inform consumers of any risks. Unfortunately some pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate potential side effects. Additionally, doctors can prescribe dangerous medicines to their patients, and some women do not get proper information about the risks associated with taking certain drugs during pregnancy. These are known as teratogens. They could cause birth defects in the fetus. This includes spina Bifida.

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

It is crucial to gather as all evidence you can prior to filing a lawsuit against the parties responsible. Included in this are ultrasound images, blood tests, and medical bills incurred as a result. This helps the attorney establish the financial worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking events in a woman's lifetime. However, it's also a time when medical professionals can make mistakes that can cause birth defects. An experienced attorney can help parents file a claim against those accountable for their child's handicap and receive the compensation they deserve.

Medical experts aren't always able to determine the specific cause of birth defects, but most of them can be attributable to environmental or chemical exposure. This may include contact by parents with toxic chemicals at the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing as well as agricultural chemicals for pesticides and spraying crops.

In addition, the manufacturer and those who prescribe prescription medications are required to inform patients of the risks. A significant portion of these medications are sold to pregnant women without warnings of the potential for birth defects. This is particularly applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases involving the occurrence of birth defects resulting from exposure of parents to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C. and Suffolk University Law School.