A Brief History History Of Birth Defect Legal

Birth Defect Litigation

Some injuries are beyond the parents in their control. Families are left with huge bills when these injuries require expensive procedures and special care.

A New York birth Defect attorney (jejucordelia.com) can assist parents in shock to file a claim to get compensation for future expenses. However, the law places strict deadlines on when a claim needs to be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks associated with childbirth and pregnancy. Birth defects and injuries do still occur. When they are preventable, families must explore their legal options.

Many birth defect suits are based on claims of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing personnel at any stage of pregnancy, labor and birth. Additionally, medical professionals can commit medical malpractice after the birth of a child if they fail to provide proper treatment.

Generally, the time limit for these cases is generally 2.5 years from the date of the occurrence of medical malpractice. This time period can be extended to infants. It is essential to talk with a lawyer whenever you can to ensure that all the evidence is gathered and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of a baby for birth defects caused by improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit parents should consider the following qualities:

Medical Malpractice

Birth defects can lead to an array of mental or physical issues. Certain birth defects could be fatal. Some of these problems are inherited, whereas others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects through their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they can comprise any act or failure to act in excess of a medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One example of this type of case involves a medication called teratogens, which can cause serious birth defects. Doctors generally 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 submit an insurance claim.

It is important that you select 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 is on contingency, which means you won't be charged nothing until you win. Find an attorney who has an excellent ability to communicate and negotiate. This will help to ensure that you make your claim in time before the time for filing 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 chemical or environmental exposure, or by medications taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and inform the public about any potential dangers. Sadly certain pharmaceutical companies do not keep up with the latest research or foresee potential side effects. Some doctors recommend dangerous drugs to their patients and some women are not informed about the dangers associated with using certain drugs during pregnancy. These medications, also known as teratogens, can cause birth defects such as spina-bifida that can occur in the fetus.

Other substances that may cause birth defects are chemicals employed in the production and agricultural industries and heavy metals such as mercury that are contaminating air or groundwater. Diane Paolicelli's legal profession has been focused on combating powerful corporations that expose women to harmful chemicals and substances that may cause harm to their reproductive health and cause birth defects.

It is crucial to collect as all evidence you can prior to filing a lawsuit against the parties responsible. Included in this are any ultrasound images as well as blood tests and medical bills that are incurred due to. This information can help the attorney determine the value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking experiences a woman can go through in her life. It's also the time when medical professionals make mistakes that result in birth defects. An experienced attorney can help parents in filing a claim and obtaining the amount they deserve from the people responsible for the disabilities of their child.

Although the causes of birth defects are typically unknown to medical professionals but a large proportion of birth defects can be attributed to exposure to chemicals or environmental factors. This could include contact from parents with toxic chemicals at the workplace, such as glycol ethers and solvents used in semiconductor manufacturing and agricultural chemicals used for pesticides and spraying crops.

Additionally, the manufacturers and those who prescribe prescription drugs are required to inform people about the risks. Yet, a substantial portion of these drugs are sold off-label to women who are pregnant age without proper warnings about the potential for 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 pharmaceutical and chemical companies. He focuses his practice on cases that involve the occurrence of birth defects that result from parental exposure to toxic chemicals such as those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.