10 Misconceptions That Your Boss May Have Concerning Birth Defect Legal

Birth Defect Litigation

Certain injuries are beyond the parents of their control. Families are left with a large bill when injuries require costly procedures and special attention.

A New York birth defect attorney can assist parents in shock to file an appeal to be compensated for future expenses. However, the law puts strict time limitations on when a claim needs to be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks that come with childbirth and pregnancy. Birth defects and injuries persist. If they're preventable, families must explore their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any point in the birth, labor and delivery procedures. In addition medical professionals can be guilty of medical malpractice after the birth of a baby if they fail to provide the correct treatment.

Generally, the time limit for these cases is generally 2.5 years from the date of the occurrence of medical malpractice. For infants, the time period may be extended. However, it is essential to seek legal counsel immediately to ensure that all evidence is obtained and that a timely claim can be filed.

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

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

Medical Malpractice

Birth defects can lead to various physical and mental problems. Certain birth defects could be fatal. Some of these issues are inherited, whereas others are caused by exposure to the environment or the use of prescription drugs during pregnancy.

A medical professional or doctor could be accused of malpractice in the event of causing birth defects by their actions or inaction. The most common cases involve medical negligence during the birth or labor process. They can also include any be in compliance with a standard of medical treatment, for instance, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One example involves Teratogens. These drugs can result in 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 medication, she must make a claim.

It is essential to select an attorney with experience handling these types of cases. Find a law firm that specializes in this field and operates on an hourly basis, which means you don't pay anything unless you are successful. Also, look for an attorney who has strong negotiation and communication skills. This will help to ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, which require expensive medical care and accommodations for the child. Most often, these disorders are genetic, but some of them may be caused by environmental or chemical exposure, or medications that the mother consumed during pregnancy.

Drug makers are required to ensure that their products are tested properly and warn the public of the potential dangers. Unfortunately some pharmaceutical companies are not keeping up-to-date with the latest research or fail to anticipate potential adverse effects. Some doctors prescribe dangerous drugs to their patients. Some women aren't aware of the risks associated with taking certain drugs while pregnant. These medications, also known as teratogens may cause birth defects, like spina-bifida, which is a birth defect in the fe.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury that affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and substances that can cause harm to their reproductive health and cause birth defects.

It is crucial to gather as much evidence as you can prior to filing a suit against the parties accountable. This includes blood tests, ultrasound images and medical bills that arise due to the birth defect. This will help the attorney determine the financial value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful times in a woman's life. However, it's also a time when medical professionals can make mistakes that could lead to birth defects. A top attorney can help parents file a claim against those responsible for their child's disability and receive the proper compensation they're entitled to.

Medical professionals aren't always able to determine the causes of birth defects, but many of them can be attributed to chemical or environmental exposure. This may include contact by parents with toxic chemicals at the workplace, like glycol ethers and solvents used in semiconductor manufacturing, and agricultural chemicals used for pesticides as well as crop spraying.

Additionally, the manufacturers and those who prescribe prescription medications must inform people of their risks. However, a lot of these drugs are marketed off-label for women of childbearing age without warnings regarding the possibility of birth defects. This is especially 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 where birth defects are caused by exposure to toxic chemicals by parents like those employed in semiconductor manufacturing or agricultural. He graduated from the American University in Washington, D.C., and Suffolk University Law School.