15 Reasons Why You Shouldn t Ignore Birth Defect Legal

Birth Defect Litigation

Parents want perfect children However, some injuries occur out of their control. If injuries that result from these accidents require special treatment and costly procedures, it could cause families to incur huge costs.

A New York birth defect lawyer can help stunned parents file claims and receive compensation to pay for future expenses. However, the law imposes strict deadlines for the time a claim has to be filed.

Statute of Limitations

Modern medical technology and advances have aided in reducing the risks associated with pregnancy, childbirth and birth. However, birth defects and injuries do occur. When they are preventable, families should consider their legal options.

Many birth defect suits are stemming from allegations of medical malpractice that occurred. These cases could involve mistakes made by nurses or doctors staff at any point during pregnancy, labor and birth. Additionally medical professionals could be guilty of medical malpractice after the birth of a baby when they fail to provide proper treatment.

In general, the statutes of limitations for these cases is 2.5 years from the date of the medical malpractice. The time frame can be extended to infants. It is crucial to consult a lawyer as soon as you can to ensure that all evidence is collected and that a timely complaint 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 toxic and chemical exposures that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

Parents should consider the following aspects when choosing an attorney to represent them in a suit for birth defects or birth injuries:

Medical Malpractice

Birth defects can cause a wide range of mental or physical ailments. Some birth defects can cause death. Some of these problems may be genetic while others are caused by exposure to environmental factors or prescription medications used during pregnancy.

A medical professional or doctor could be convicted of malpractice if they cause birth defects through their actions or inaction. These cases typically are due to medical negligence during delivery or labor. They can also include any act of failure to perform a task that is not within the standard of medical treatment, for instance failing to recognize an illness or prescribing incorrect medication during pregnancy.

One instance of case involves a medication called teratogens. This medication can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must make an insurance claim.

It is vital to choose an attorney with previous experience in these cases. It is best to choose an attorney who has years of experience in this field and operates on contingency basis, which means you won't have to pay anything until you are successful. Also, you should look for an attorney with excellent communication and negotiation abilities. This will help ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, that require expensive medical treatment and accommodations for the child. Most often, these disorders are genetically inherited, but some of them can be caused by chemical or environmental exposure, or medications that the mother took while pregnant.

Drug manufacturers are required to ensure that their products are tested properly and inform the public of the potential dangers. Unfortunately many pharmaceutical companies fail to keep up with research or anticipate possible side effects. Certain doctors prescribe dangerous drugs to their patients and some women are not aware of the risks associated with taking certain drugs while pregnant. These medications are referred to as teratogens, and they can cause birth defects in the fetus including spina Bifida.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, as well as heavy metals such as 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 cause harm to their reproductive health and lead to birth defects.

It is essential to gather as the evidence you can prior to making a claim against the party responsible. This includes any blood tests, ultrasound images and medical bills that arise as a result of the birth defect. This information will help the attorney to determine the value of the case.

Product Liability

Pregnancy is among the most exciting, yet stressful experiences in women's lives. However, it's also a time where many medical professionals make mistakes that could lead to birth defects. A top attorney can help parents bring a lawsuit against those responsible for their child's disability and acquire the proper compensation they're entitled to.

Although the causes of birth defects are usually unknown to medical professionals 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 in the workplace such as glycol ethers and birth defects solvents in semiconductor manufacturing, as well as agricultural chemicals used in crop spraying and pesticides.

Additionally, the manufacturers and those who prescribe prescription drugs have a responsibility to inform people about the risks. Yet, a substantial portion of these medications are sold off-label for women of childbearing age without proper warnings about the possibility of birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.

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