Why We Do We Love Birth Defect Legal (And You Should Too!)

Birth Defect Litigation

Certain injuries are beyond the parents' control. Families could be faced with a large bill when injuries require costly procedures and special care.

A New York birth defect attorney can assist parents grieving and file claims to obtain compensation for future expenses. The law has strict time limitations on when claims can be filed.

Statute of Limitations

Modern technology and medical advances have reduced the risks that are associated with childbirth, pregnancy and birth defect lawyer. Birth defects and injuries continue to occur. If they're preventable, families must explore their legal options.

Many birth defect suits are stemming from allegations of medical malpractice that occurred. These cases may involve mistakes made by doctors or nurses at any point during the labor and delivery processes. Additionally, medical professionals can commit medical malpractice following the birth of a child, in the event that they fail to provide proper treatment.

Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the incident of medical negligence. For infants, this time is sometimes extended. But, it is crucial to seek legal advice early enough to ensure that all evidence is collected and that a timely claim be filed.

In addition to medical malpractice, a suit could also be filed on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases on behalf of the family.

Parents should consider the following aspects when choosing an attorney to represent them in a lawsuit involving birth defect or injury:

Medical Malpractice

Birth defects can cause a variety of mental and physical ailments. Certain birth defects could cause death. Some of these issues may be genetic while others are caused by exposure to the environment or prescription medications used during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects as a result of their actions or inaction. These cases usually are due to medical negligence during delivery or labor. They also encompass any act of failure to do something that is below the standard of medical care, for example failing to recognize an illness or prescribing incorrect medication during pregnancy.

One example is involving 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 pregnant woman is exposed to this drug, she should file an insurance claim.

It is vital to choose an attorney who has experience in these types of cases. It is best to choose an attorney with experience in this field and works on contingency, so you won't be charged any fees until you win. Look for an attorney with outstanding negotiation and communication skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, that require costly medical treatment and accommodations for the child. These disorders are usually genetic, but can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and inform the public of any risks that could be present. Unfortunately certain pharmaceutical companies do not keep up with the latest research or anticipate potential side consequences. Furthermore, doctors may prescribe dangerous drugs to patients, and some women do not receive the correct information regarding the risks associated with taking certain drugs during pregnancy. These medications are referred to as teratogens and can cause birth defects in the fetus, such as spina Bifida.

Other substances that can cause birth defects are the chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury, which pollute groundwater and air. Diane Paolicelli's legal profession has been dedicated to combating powerful corporations that expose women to harmful substances and chemicals that can damage their reproductive health or cause birth defects.

When filing lawsuits against the people responsible for your child's condition it is essential to gather as much evidence as possible. Included in this are ultrasound images and blood tests as well as medical bills incurred as a result. This information helps the attorney assess the value of the case.

Product Liability

Pregnancy is among the most exciting, and anxious experiences of a woman's lifetime. But it's also a period when medical professionals can make mistakes that could lead to birth defects. An experienced attorney can help parents make a claim against those responsible for their child's disability and get the proper compensation they're entitled to.

Medical experts are not always able of determining the root of birth defects, but many of them can be caused by environmental or chemical exposure. This can include parental contact with toxic chemicals in the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing and chemical pesticides used in agriculture and spraying on crops.

In addition, the manufacturer and the people who prescribe prescription medications have a responsibility to warn consumers of the dangers. A large number of these drugs is marketed to women who are expecting without warnings of the possibility of birth defects. This is particularly applicable to 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 involving the occurrence of birth defects caused by exposure of parents to toxic chemicals such as those used in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C., and Suffolk University Law School.