15 Amazing Facts About Birth Defect Legal

Birth Defect Litigation

Parents want perfect babies, but some injuries happen outside of their control. When injuries require specialized treatment and expensive procedures, it could cause families to be faced with massive costs.

A New York birth defect attorney can assist parents grieving and file a claim to get compensation for future expenses. However, the law has strict time limitations on when a claim must be filed.

Statute of Limitations

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

Many birth defect suits are based on accusations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any stage of labor, pregnancy and birth. Additionally medical professionals may be guilty of medical malpractice after the birth of a baby if they fail to provide proper care.

Generally, the statute of limitations in these cases is 2.5 years from the date of the occurrence of medical malpractice. The time frame may be extended for infants. However, it is essential to seek legal counsel early enough to ensure that all evidence is obtained and that a timely claim can be filed.

A lawsuit can be filed on behalf of a child to claim birth defects caused by chemical and toxic exposures during pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

When choosing an attorney for a birth injury or defect lawsuit, parents should look for the following characteristics:

Medical Malpractice

Birth defects can trigger many mental or physical issues. Some of them can be fatal. Some of these problems are caused by genetics, while others are caused by environmental exposures or the use of prescribed drugs during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defects due to their actions or inaction. These cases usually are due to medical negligence during labor or delivery. However, they could also comprise any act or failure to act that is not in the range of the medical standard of care, like failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One example of this type of case is a medication called teratogens, Birth Defects which can cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug, she must make a claim.

It is vital to select an attorney with experience in these types of cases. Find a law firm that has a specialization in this area, and works on the basis of a contingent fee, which means you don't have to pay any fees unless you succeed. Also, look for a lawyer with strong negotiation and communication abilities. This will ensure that you file your claim before the time for filing expires.

Prescription Drugs

A variety of birth defects cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. Most often, these disorders are genetic, but some of them can be caused by chemical or environmental exposure, or by medications the mother took while pregnant.

Pharmaceutical manufacturers are required to test their products thoroughly and warn consumers of any risks. Unfortunately some pharmaceutical companies do not keep up-to-date with the latest research or fail to anticipate potential side consequences. Furthermore, doctors may prescribe dangerous medicines to their patients as well as some women do not have adequate information about the risks associated with taking certain medications during pregnancy. These drugs, also known as teratogens, may cause birth defects, such as spina-bifida that can occur in the fetus.

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

It is crucial to gather as many evidences as you can before filing a lawsuit against the parties accountable. Included in this are any ultrasound images as well as blood tests and medical bills that are incurred as a result. This assists the attorney in determining the monetary value of the case.

Product Liability

Pregnancy is one of 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 can lead to birth defects. A top attorney can help parents to file a claim against the medical professionals responsible for their child's disability and receive the justice they deserve.

Medical experts aren't always able determine the exact cause of birth defects, however the majority of them can be attributed to chemical or environmental exposure. This may include contact by parents with toxic chemicals at the workplace, for example glycol ethers and solvents that are used in semiconductor manufacturing as well as chemical pesticides used in agriculture and spraying on crops.

Furthermore, manufacturers and those who prescribe prescription drugs must inform patients of the risks. A majority of these medications are sold to women who are pregnant without warnings of the possibility of birth defect. This is especially applicable to 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 exposure of parents to toxic chemicals such as those that are employed in semiconductor manufacturing or farming. He is a graduate of the American University in Washington, D.C. and Suffolk University Law School.