Five Things Everybody Does Wrong About Birth Defect Legal

birth defect attorneys Defect Litigation

Some injuries are beyond the parents or their control. When injuries require specialized medical attention and expensive procedures, it can result in huge costs for families.

A New York birth defect lawyer can assist parents who are stunned to file an action and receive compensation to cover the cost of future expenses. The law has strict time limits on when claims can be filed.

Statute of limitations

Modern medical technology and advancements in medical science have helped to reduce risks that are associated with childbirth, pregnancy and birth. However birth defects and injuries do occur. If they can be prevented, families must explore their legal options.

Many birth defect suits are based on accusations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any time during the birth process, including labor and pregnancy. Medical professionals can also commit malpractice after the birth of a baby if they fail provide proper treatment.

In general the statute of limitations in these cases is 2.5 years after the date of the medical negligence. The time limit can be extended to infants. It is essential to speak with a lawyer early enough to ensure that all the evidence is gathered and that a timely complaint be filed.

In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.

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

Medical Malpractice

Birth defects can result in many physical or mental problems. Some birth defects can 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 may be accused of negligence if they cause birth defect law firms defects through their actions or inaction. The most common cases involve medical negligence during labor or delivery. They can also include any do something that is below the standard of medical treatment, for instance the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of situation is a drug known as teratogens, which could cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug then she should file an insurance claim.

It is crucial to select an attorney with experience in these types of cases. You should choose a firm that has expertise in this area and works on contingency, so you won't be charged any fees until you win. Also, look for a lawyer who has excellent communication and negotiation skills. This will help 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 costly medical care and accommodations for the child. Most of the time, these issues are genetic, however some of them are caused by environmental or chemical exposure, or medications that the mother was taking during pregnancy.

Drug manufacturers have an obligation to thoroughly test their products and warn consumers of any risks. Unfortunately certain pharmaceutical companies do not keep up with the latest research or fail to anticipate possible side consequences. In addition, doctors can prescribe dangerous medicines to their patients and women may not get proper information about the risks of taking certain medications 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, 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 to harmful chemicals and other substances that harm their reproductive health and cause birth defects.

It is essential to gather as many evidences as you can prior to filing a suit against the parties accountable. This includes ultrasound images, blood tests and medical bills that arose because of the birth defect. This helps the attorney establish the monetary worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but nerve-wracking experiences in the life of a woman. But it's also a period when many medical professionals make mistakes that can cause birth defects. A top attorney can help parents file a claim against those who are responsible for their child's disabilities and obtain the justice they deserve.

While the causes of birth defects are often not understood by medical professionals but a large proportion of birth defects can be attributed to environmental or chemical exposure. This can include exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.

Manufacturers and those who prescribe medication are also required to warn the public about the risks. Yet, a substantial portion of these drugs are offered off-label to women of childbearing age without warnings regarding the potential for birth defects. This is particularly true 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. His practice focuses on cases involving the occurrence of birth defects caused by exposure of parents to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.