Is Technology Making Birth Defect Legal Better Or Worse

Birth Defect Litigation

Parents want their children to be perfect, but some injuries happen outside their control. Families are left with a huge bill when injuries require costly procedures and special treatment.

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

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks associated with pregnancy and childbirth. Birth defects and injuries continue to occur. Families should consider their legal options if they can be prevented.

Many birth defect lawsuits (cool training) are based upon allegations of medical malpractice. These lawsuits can be based on mistakes made by doctors or Birth Defect lawsuits nurses at any time during the birth, labor and delivery procedures. Medical professionals may also be guilty of malpractice following the birth of a baby when they fail to provide the proper treatment.

In general the statute of limitations for these cases are 2.5 years from the date of the medical error. This time period can be extended for infants. It is important to consult an attorney as soon as you can to ensure that all evidence is gathered, and that a timely complaint be filed.

A lawsuit can be filed on behalf of a baby for birth defects caused by chemical and toxic exposures during pregnancy. Specially trained birth defect attorneys defect lawyers can investigate and bring these cases on behalf of the family.

Parents should take into consideration the following qualities when selecting an attorney to represent them in a suit for birth defects or birth injuries:

Medical Malpractice

Birth defects can cause many physical or mental problems. Some of them may even be fatal. Some of these problems are inherited, while others are caused by environmental exposures or the use of prescription drugs during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects due to their actions or inaction. The most common cases involve medical negligence during labor or delivery. They can also include any perform a task that is not within the standard of medical treatment, for instance failing to recognize an illness or prescribing the wrong medication during pregnancy.

One such case involves teratogens. These drugs can cause birth defects that are serious. 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 drug, she should make a claim.

It is vital to choose an attorney who has prior experience in these types of cases. Find a firm that is experienced in this area and operates on an hourly basis, which means you don't pay anything unless you succeed. Additionally, you should choose a lawyer who has excellent negotiation and communication skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities that require costly medical treatment and accommodations for the child. Often, these conditions are genetic, however some of them are caused by chemical or environmental exposure, or by medications the mother consumed during pregnancy.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and inform consumers of any potential risks. Unfortunately some pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate potential side consequences. Moreover, doctors may prescribe dangerous drugs to their patients, and some women do not receive the correct information regarding the dangers of taking certain drugs during pregnancy. These drugs, known as teratogens can cause birth defects, like spina-bifida that can occur in the fetus.

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

When bringing lawsuits against the parties accountable for your child's condition it is crucial to gather the most evidence you can. Included in this are any ultrasound images or blood tests, as well as medical bills incurred as a result. This assists the attorney in determining the financial value of the case.

Product Liability

Pregnancy is among the most exciting and anxiety-inducing experiences in a woman's lifetime. It's also a time when medical professionals are prone to making mistakes that can lead to birth defects. A reputable attorney can assist parents in submitting a claim and obtaining the compensation they deserve against the people responsible for the disabilities of their child.

While the causes of birth defects are typically unknown to medical professionals however, many of them are linked to exposure to chemicals or environmental causes. This could include exposure of parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for spraying for crops and pesticides.

The pharmaceutical companies and those who prescribe medicines are also required to inform the public about their risks. Yet, a substantial portion of these medications are sold off-label to women of childbearing age without adequate warnings about the possibility of birth defects. This is particularly true 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. He focuses his practice on cases involving the occurrence of birth defects resulting from parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.