So , You've Purchased Birth Defect Legal ... Now What?

Birth Defect Litigation

Parents want perfect children however, there are some injuries that occur beyond their control. Families can be left with a large bill when injuries require costly procedures and special care.

A New York birth defect lawyer can assist parents who are stunned to file claims and receive compensation to cover the cost of future expenses. The law has strict time limits on when claims can be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce risks that are associated with childbirth, pregnancy and birth. However birth defects and injuries still occur. If they can be prevented, families need to explore their legal options.

Many birth defect suits are based on claims of medical malpractice. These cases may involve mistakes made by doctors or nurses at any time during the labor and delivery procedures. Medical professionals can also be guilty of malpractice following the birth of a child in the event that they fail to provide appropriate treatment.

Generally speaking, the statute of limitations in these cases is generally 2.5 years from the date of the act of medical malpractice. The time limit may be extended for infants. It is essential to talk with an attorney early enough to ensure that all evidence is gathered and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant for birth defects resulting from improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

When choosing an attorney for a birth defect or birth injury lawsuit parents should consider the following characteristics:

Medical Malpractice

Birth defects can trigger an array of physical or mental problems. Some of them may even be fatal. Some of these issues may be caused by genetics while others are caused by environmental exposures or prescription medications taken during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects due to their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they can also include any act or inability to act in excess of the medical standard of care, like failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One such type of situation is a drug called teratogens. It can cause serious birth defect lawyer defects. When pregnant, doctors usually recommend women not to take this medication, which is used in the treatment of seizures. If women are exposed to the drug then she must file an action.

It is essential to select an attorney who is experienced in handling these types of cases. You should look for a firm that has expertise in this area and operates on contingency basis, which means you won't be charged nothing until you win. Also, look for an attorney who has strong communication and negotiation abilities. This will help to ensure that you submit your claim before the time limit expires.

Prescription Drugs

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

Pharmaceutical companies are required to test their products thoroughly and inform the public of the potential dangers. Unfortunately certain pharmaceutical companies don't keep up with the latest research or fail to anticipate possible side effects. Certain doctors prescribe dangerous medications to their patients, and some women are not informed about the risks associated with taking certain medications during pregnancy. These medications, also known as teratogens may cause birth defects such as 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 could cause harm to their reproductive health and lead to birth defects.

It is essential to gather as much evidence as you can prior to filing a suit against the parties responsible. Included in this are ultrasound images as well as blood tests and medical bills incurred as a result. This allows the attorney to determine the value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking events in a woman's lifetime. But it's also a period where many medical professionals make mistakes that can cause birth defects. A top lawyer can assist parents in filing an appeal and gaining the compensation they deserve against those responsible for the handicap of their child.

Medical professionals aren't always able of determining the causes of birth defects, however many of them can be caused by environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for crop spraying and pesticides.

In addition, the manufacturer and those who prescribe prescription medicines must inform people about the risks. A significant portion of these drugs are offered to women who are pregnant, without warnings about the risk 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 chemical and pharmaceutical companies. He focuses his practice on cases where birth defects result from exposure to toxic chemicals in the home by parents such as those that are used in the manufacture of semiconductors or in agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.