20 Things You Should Be Educated About Birth Defect Legal

Birth Defect Litigation

Some injuries are out of the parents or their control. Families are left with a large bill when injuries require expensive procedures and special attention.

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 deadlines for when a claim should be filed.

Statute of Limitations

Modern medical technology and advances have helped to reduce risks associated with childbirth, pregnancy and birth. However birth defects and injuries do occur. Families should consider their legal options if they can be prevented.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve mistakes made by nurses or doctors staff at any stage of the birth defect law firm process, including labor and pregnancy. Medical professionals may also commit malpractice after the birth of a child if they fail provide proper treatment.

Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the occurrence of medical malpractice. The time limit may be extended for infants. It is crucial to consult an attorney immediately to ensure that all evidence is collected, and that a timely complaint be filed.

A lawsuit may be filed on behalf of a child for birth defects caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can examine the claims and then prosecute them on behalf of the family.

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

Medical Malpractice

Birth defects can lead to a variety of mental and physical issues. Some of them could be fatal. Some of these issues may be genetic while others are caused by exposure to environmental factors or prescription drugs taken during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects by their actions or inaction. These cases typically are caused by medical negligence during delivery or labor. They can also be a result of any act which falls below a standard of medical care, such as failing to recognize an illness or prescribing the wrong medication during pregnancy.

One example is involving teratogens. These medications can lead to serious birth defects. During pregnancy, doctors typically advise women to stay clear of this medication, which is utilized to treat seizures. If a pregnant woman is exposed to this drug, she should submit an insurance claim.

It is important to select an attorney who is experienced in handling these types of cases. It is best to choose a firm with extensive experience in this field. It also is on contingency, which means you don’t have to pay anything until you win. Also, search for an attorney with excellent negotiation and communication skills. This will help ensure that you make your claim in time before the statute of limitations expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. Most often, these disorders are genetic, but some can be caused by chemical or environmental exposure, or medications that the mother consumed during pregnancy.

Drug makers are required to thoroughly test their products and warn consumers about any potential risks. Unfortunately some pharmaceutical companies don’t keep up to date with the latest research or fail to anticipate potential side effects. Certain doctors prescribe dangerous drugs to their patients, and some women are not informed about the dangers associated with taking certain drugs while pregnant. These are known as teratogens. They can cause birth defects in the fetus, including spina bifida.

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

When filing an action against the parties that are accountable for your child’s health it is essential to gather the most evidence you can. This includes blood tests, ultrasound images, and medical bills that arise because of the birth defect. This information assists the attorney assess the value of the case.

Product Liability

Pregnancy is among the most exciting, but anxious experiences of a woman’s lifetime. It’s also the time when medical professionals are prone to making mistakes that cause birth defects. An experienced attorney can help parents to file a claim against the medical professionals responsible for their child’s condition and obtain the compensation they deserve.

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

Manufacturers and those who prescribe medicines must also inform the public about the risks. A large number of these drugs are offered to women who are pregnant, without warnings of the potential for birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases involving the development of birth defects resulting from parental exposure to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.