This Is The Advanced Guide To Birth Defect Legal

birth defect lawyers Defect Litigation

Some injuries are out of the parents in their control. Families may be left with huge debts when these injuries require costly procedures and special treatment.

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

Statute of Limitations

Modern technology and medical advances have reduced the risks associated with pregnancy, childbirth and birth. However, birth defects and injuries do occur. Families need to consider their legal options when they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve errors made by doctors or nurses at any point during the labor and delivery processes. Additionally medical professionals can be guilty of medical malpractice following the birth of a child, when they fail to provide the proper treatment.

In general the statute of limitations in these cases are 2.5 years after the date of the medical malpractice. For infants, the time is sometimes extended. However, it is important to seek legal advice early enough to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a suit can also be filed on behalf of a baby for birth defects resulting from improper toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can lead to various mental and physical issues. Some of them may even be fatal. Some of these issues are inherited, whereas others are caused by exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional could be accused of misconduct in the event of causing birth defects by their actions or inaction. These cases usually are based on medical negligence in labor or delivery. They may also involve any other do something that is below the standard of medical care, for example failing to recognize an illness or prescribing incorrect medication during pregnancy.

One such type of situation involves a drug called teratogens, which can cause serious birth defects. During pregnancy, doctors usually advise women to avoid taking this medication, which is utilized to treat seizures. If an individual is exposed to the drug then she must file a claim.

It is essential to choose an attorney who has prior experience in these types of cases. You should seek out an attorney who has years of experience in this field and works on contingency, so you won't have to pay anything until you are successful. Look for an attorney with an excellent ability to communicate and negotiate. This will help ensure that you make your claim in time before the time limit expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities, which require costly medical care and accommodations for the child. Most of the time, these issues are genetic, however some can be caused by chemical or environmental exposure, or by medications the mother consumed during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and inform consumers of any risks. Sadly certain pharmaceutical companies do not keep up with the latest research or foresee potential side effects. Certain doctors prescribe dangerous medications to their patients. Some women are not informed about the dangers associated with taking certain drugs while pregnant. These drugs are referred to as teratogens, and they may cause birth defects in the fetus, including spina bifida.

Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury that affect groundwater or the air. Diane Paolicelli's career in law has been focused on fighting powerful corporations that expose women to toxic chemicals and substances that can harm their reproductive health or cause birth defects.

If you decide to file an action against the parties responsible for your child's condition it is crucial to gather as much evidence as possible. This includes any ultrasound scans, blood tests, and medical bills that arose because of the birth defect. This helps the attorney establish the value of the case.

Product Liability

Pregnancy can be one of the most exciting and stressful experiences in the life of a woman. It's also a time where many medical professionals make mistakes that can lead to birth defects. A top attorney can assist parents in submitting an action and obtaining the compensation they deserve against the people responsible for the disabilities of their child.

Medical experts are not always able to pinpoint the exact cause of birth defects, but a large number can be caused by environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.

Manufacturers and those who prescribe medicines must also inform the public about the dangers of their products. Yet, a substantial portion of these medications are sold off-label to women of childbearing age, without warnings about the possibility of birth defects. This is especially true for 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. He focuses his practice on cases that involve the occurrence of birth defects that result from exposure of parents to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C. and Suffolk University Law School.