20 Fun Facts About Birth Defect Legal

Birth Defect Litigation

Some injuries are beyond the parents of their control. When these injuries require special treatment and expensive procedures, it can leave families with huge expenses.

A New York birth defect attorney can help parents grieving and file an action to receive compensation for future expenses. The law has strict deadlines for when claims can be filed.

Statute of Limitations

Modern medical technology and advances have aided in reducing the risks associated with childbirth, pregnancy and birth. Birth defects and injuries remain a possibility. Families need to explore their legal options if they can be prevented.

Many birth defect suits are based on accusations of medical malpractice. These cases could involve mistakes made by nurses or doctors at any point during the pregnancy, labor and delivery processes. Medical professionals may also be negligent after the birth defect lawsuits of a child by failing to provide the correct treatment.

In general, the statutes of limitations for these cases are 2.5 years from the date of the medical mistake. For infants, this period can be extended. It is crucial to consult a lawyer early enough to ensure that all evidence is gathered, and that a timely complaint be filed.

In addition to medical malpractice, a suit may 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 prosecute these claims on behalf of the family.

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

Medical Malpractice

Birth defects can cause various mental and physical ailments. Some of them can be fatal. Some of these problems are inherited, while others are caused by environmental exposures or the use of prescription medications during pregnancy.

A doctor or medical professional may be accused of malpractice when they cause birth defects by their actions or inaction. These cases typically are due to medical negligence during delivery or labor. However, they can also include any act or failure to act that is in violation of the medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One example is involving Teratogens. These medications can lead to 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 women are exposed to the drug, then she should file an insurance claim.

It is important to select an attorney with experience handling these types of cases. Find a firm that has a specialization in this area and operates on an hourly basis, which means you don't pay anything unless you win. Find an attorney who has great negotiation and communication skills. This will help ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

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

Drug makers are required to test their products thoroughly and warn consumers about any potential risks. Sadly, some pharmaceutical companies do not keep up with research or anticipate possible side effects. Some doctors prescribe dangerous drugs to their patients and some women are not aware of the risks associated with using certain drugs during pregnancy. These medications, also known as teratogens, can cause birth defects, like spina-bifida, which is a birth defect in the fe.

Other substances that may cause birth defects include chemicals employed in the production and agricultural industries, as well as heavy metals, like mercury, which are contaminating the groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and substances that could damage their reproductive health and cause birth defects.

If you decide to file an action against the parties accountable for your child's condition, it is important to gather the most evidence you can. Included in this are ultrasound images or blood tests, as well as medical bills that are incurred due to. This information assists the attorney determine the worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking events in a woman's lifetime. However, it's also a time where medical professionals often make mistakes that could lead to birth defects. A top lawyer can assist parents in submitting an appeal and gaining the compensation they deserve from those responsible for the disability of their child.

Although the causes of birth defects are typically unknown to medical experts however, many of them can be attributed to environmental or chemical exposure. This can include parental exposure to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for crop spraying and pesticides.

The manufacturers and the people who prescribe medication are also required to warn the public about their risks. Yet, a large percentage of these drugs are sold off-label to women who are pregnant age, without 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 defects lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects are caused by parental exposure to toxic chemical such as those that are employed in semiconductor manufacturing or agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.