20 Things You Need To Be Educated About Birth Defect Legal

Birth Defect Litigation

Some injuries are out of the parents' control. If injuries that result from these accidents require special care and costly procedures, it can cause families to be faced with massive costs.

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

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks of childbirth and pregnancy. birth defect Lawsuit defects and injuries do persist. When they are preventable, families should consider their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases can involve errors committed by nurses or doctors at any time during the pregnancy, labor and delivery processes. Additionally medical professionals can be guilty of medical malpractice following a child's birth if they fail to provide proper care.

Generally, the statute of limitations in these cases is 2.5 years from the date of the incident of medical negligence. The time frame can be extended for infants. It is important to consult an attorney immediately to ensure that all evidence is collected and that a timely complaint can be filed.

A lawsuit may be filed on behalf of a child in relation to birth defects that are caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

Parents should take into consideration the following factors when choosing an attorney to represent them in a lawsuit involving birth defects or birth injuries:

Medical Malpractice

Birth defects can result in a wide range of mental or physical ailments. Some of them could be fatal. Some of these issues are inherited, while others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects through their actions or inaction. These cases usually involve medical negligence during the birth or labor process. They can also be a result of any act which falls below a standard of medical care, such as the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One example is involving the teratogens. These drugs can cause serious birth defects. Doctors usually 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 a claim.

It is essential to choose an attorney with experience in these types of cases. Find a firm that specializes in this area and operates on a contingency basis, so you don't have to pay any fees unless you succeed. Look for an attorney with outstanding negotiation and communication skills. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

Drug manufacturers are required to test their products properly and inform the public of the potential dangers. Sadly many pharmaceutical companies do not keep up with research or anticipate the potential adverse effects. Some doctors recommend dangerous drugs to their patients. Some women aren't aware of the dangers associated with using certain drugs during pregnancy. These medications are referred to as teratogens and can cause birth defects in the fetus including spina Bifida.

Other substances that could cause birth defects include chemicals used in manufacturing and agriculture as well as heavy metals like mercury that are contaminating air or groundwater. Diane Paolicelli's career in law has been focused on combating powerful corporations that expose women to toxic substances and chemicals that can harm their reproductive health or cause birth defects.

It is important to collect as the evidence you can prior to filing a suit against the parties responsible. Included in this are ultrasound images and birth defect lawsuit blood tests as well as medical bills that are incurred as a result. This helps the attorney establish the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but nerve-wracking experiences in a woman's lifetime. It's also a time where medical professionals make mistakes that can lead to birth defects. An experienced attorney can assist parents bring a lawsuit against those accountable for their child's handicap and acquire the amount of compensation they deserve.

Although the causes of birth defects are typically not understood by medical professionals however, a significant proportion can be linked with exposure to chemicals or the environment. This could include exposure of parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.

Manufacturers and those who prescribe medicines must also warn people about the dangers. Yet, a substantial portion of these drugs are offered off-label to women of childbearing age, without warnings about the possibility of birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, 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 that are employed in semiconductor manufacturing or farming. He graduated of the American University in Washington, birth defect lawsuit D.C., and Suffolk University Law School.