10 Undeniable Reasons People Hate Birth Defect Legal

Birth Defect Litigation

Parents want perfect children however, there are some injuries that occur outside of their control. When these injuries require special care and costly procedures, it can cause families to be faced with massive costs.

A New York birth defect attorney can assist parents shocked to file an action to receive compensation for future expenses. The law has strict time limits on when a claim can be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce risks that are associated with childbirth, pregnancy and birth defect law firms. However, birth defects and injuries do occur. Families should consider their legal options when they can be prevented.

Many birth defect suits are stemming from accusations of medical malpractice. These cases can involve mistakes committed by nurses or doctors personnel at any stage of pregnancy, labor and birth. In addition medical professionals could be guilty of medical malpractice after the birth of a child, if they fail to provide proper treatment.

Generally speaking, the time limit for these cases is generally 2.5 years from the date of the incident of medical negligence. For infants, the time period may be extended. It is essential to talk with an attorney as soon as you can to ensure that all evidence is gathered, and that a timely complaint can be filed.

In addition to medical malpractice, a suit could also be filed on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can lead to an array of physical or mental problems. Some birth defects can cause death. Some of these problems are genetic, but others are due to exposure to environmental factors or the usage of prescription drugs during pregnancy.

A medical professional or doctor could be accused of malpractice if they cause birth defects through their actions or inaction. These cases usually are caused by medical negligence during delivery or labor. They also encompass any act which falls below a standard of medical treatment, for instance failing to recognize an illness or prescribing incorrect medication during pregnancy.

One instance of case involves a medication called teratogens, which can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must make a claim.

It is essential to select an attorney with experience in these types of cases. You should seek out an attorney with years of experience in this field and works on contingency, so you won't be charged nothing until you win. Choose an attorney with an excellent ability to communicate and negotiate. This will ensure that you file your claim before the time for filing expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to test their products properly and inform the public about any potential risks. Unfortunately, some pharmaceutical companies do not keep up with the latest research or anticipate possible side effects. Certain doctors prescribe dangerous medications to their patients. Moreover, some women are not aware of the dangers associated with taking certain drugs while pregnant. These are known 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 manufacturing and agricultural industries, and heavy metals like mercury, which affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and other substances that cause harm to their reproductive health and cause birth defects.

When filing an action against the parties responsible for your child's condition it is essential to gather the most evidence you can. Included in this are any ultrasound images and birth defects blood tests as well as medical bills that are incurred as a result. This assists the attorney in determining the value of the case.

Product Liability

Pregnancy can be one of the most exciting, yet nerve-wracking experiences in women's lives. But it's also a time where many medical professionals make mistakes that could cause birth defects. A top lawyer can assist parents in submitting claims and getting the compensation they deserve from those who are responsible for the impairment of their child.

While the causes of birth defects are usually not understood by medical professionals but a large proportion of birth defects are linked to environmental or chemical exposure. This may include contact by parents with toxic chemicals at the workplace, such as solvents and glycol ethers used in semiconductor manufacturing and chemical pesticides used in agriculture and spraying on crops.

In addition, manufacturers and those who prescribe prescription medications have a responsibility to warn people of their risks. However, a lot of these medications are sold off-label for women of childbearing age, without warnings about the possibility of birth defects. This is particularly applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases involving the development of birth defects caused by exposure of parents to toxic chemicals such as the ones used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.