10 Myths Your Boss Is Spreading About Birth Defect Legal

Birth Defect Litigation

Parents want their children to be perfect However, some accidents happen beyond their control. When injuries require specialized treatment and costly procedures, it can cause families to be faced with massive costs.

A New York birth defect attorney can assist parents who are grieving and file an appeal to be compensated for future expenses. However, the law places strict deadlines when a claim should be filed.

Statute of limitations

Modern medical technology and advances have reduced the risks related to pregnancy, childbirth and birth. Birth defects and injuries continue to occur. Families must consider their legal options if they can be prevented.

Many birth defect lawsuits are made on the basis of claims of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any point during the birth, labor and delivery procedures. Medical professionals may also commit malpractice after the birth of a baby when they fail to provide the proper treatment.

Generally, the time-limit for these cases is generally 2.5 years from the date of the act of medical negligence. For infants, the time period can be extended. However, it is essential to seek legal advice as soon as possible to ensure that all evidence has been collected and that a timely claim be filed.

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

Parents should think about the following factors when choosing an attorney to represent them in a suit for birth defects or injuries:

Medical Malpractice

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

A doctor or medical professional could be accused of malpractice if they cause a birth defect through their actions or inaction. These cases are usually caused by medical negligence during delivery or labor. They can also be a result of any act which falls below a standard of medical treatment, for instance the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One of these cases involves the teratogens. These medications can cause birth defects that are serious. In the course of pregnancy, doctors generally advise women to stay clear of this medication, which is used to treat seizures. If a pregnant woman is exposed to this drug, she should make an insurance claim.

It is important to choose an attorney who is experienced in handling these kinds of cases. It is best to choose a firm that has experience in this field and is on contingency, which means you won't be charged anything until you are successful. Also, search for a lawyer with strong communication and negotiation skills. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities, which require costly medical care and accommodations for the child. These issues are often genetic, but can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.

Drug makers are required to test their products properly and inform the public about any risks that could be present. Sadly, some pharmaceutical companies do not keep up with research or foresee potential side consequences. Certain doctors prescribe dangerous medications to their patients and some women are not aware of the risks of taking certain medications during pregnancy. These drugs, referred to as teratogens, may cause birth defects such as spina-bifida in the fetus.

Other substances that could cause birth defects are chemicals that are used in manufacturing and agriculture, as well as heavy metals such as mercury that are contaminating groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and other substances that damage their reproductive health and cause birth defects.

It is crucial to collect as much evidence as you can prior to making a claim against the party responsible. Included in this are any ultrasound images or blood tests, as well as medical bills that are incurred due to. This information can help the attorney assess the worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. However, it's also a time when medical professionals can make mistakes that could cause birth defects. An experienced attorney can help parents make a claim against those responsible for their child's condition and obtain the amount of compensation they deserve.

Although the causes of birth defects are often not understood by medical professionals, a significant number can be linked with exposure to chemicals or the environment. This can be due to exposure by parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.

In addition, manufacturers and those who prescribe prescription medications are required to inform patients of the risks. Yet, a large percentage of these drugs are offered off-label to women who are pregnant age without proper warnings about the risk of birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases involving the occurrence of birth defects due to parental exposure to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C. and Suffolk University Law School.