3 Reasons You re Birth Defect Legal Is Broken And How To Fix It

Birth Defect Litigation

Some injuries are beyond the parents in their control. When these injuries require special medical attention and expensive procedures, it can cause families to incur huge costs.

A New York birth defect attorney can help parents who are in shock file claims to obtain compensation for future expenses. However, the law puts strict deadlines for the time a claim has to be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks that come with childbirth and pregnancy. Birth defects and injuries continue to occur. When they are preventable, families must explore their legal options.

Many birth defect suits are founded on accusations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any time during labor and delivery procedures. Additionally medical professionals may be guilty of medical malpractice after the birth defect attorneys of a child, by failing to provide the proper treatment.

In general, the statutes of limitation for these cases are 2.5 years after the date of the medical negligence. The time limit may be extended for infants. It is essential to speak with an attorney early enough to ensure that all evidence is collected and that a timely complaint can 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 investigate and defend these claims on behalf of the family.

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

Medical Malpractice

Birth defects can cause a variety of mental and physical problems. Some may even be fatal. Some of these problems are inherited, while others are caused by exposure to the environment or the use of prescription drugs during pregnancy.

A doctor or medical professional may be accused of malpractice when they cause birth defects by their actions or inaction. These cases are usually due to medical negligence during labor or delivery. However, they may also be a result of any action or failure to act in excess of a medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One example is involving Teratogens. These medications can lead to serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug it is recommended that she submit a claim.

It is essential to select an attorney who has experience in handling these kinds of cases. Find a law firm that is specialized in this area, and works on a contingency basis, so you don't have to pay any fees unless you are successful. Additionally, you should choose a lawyer with strong communication and negotiation abilities. This will help to ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities, that require expensive medical treatment and accommodations for the child. Often, these conditions are genetic, but some of them may be caused by chemical or environmental exposure or medication that the mother took during pregnancy.

Pharmaceutical companies are required to test their products thoroughly 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 possible side consequences. Certain doctors prescribe dangerous medications to their patients and birth Defect lawyers some women are not informed about the dangers associated with taking certain medications while pregnant. These drugs, referred to as teratogens, can cause birth defects, like spina-bifida in the fetus.

Other substances that can cause birth defects are the chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury that pollute groundwater and air. Diane Paolicelli's legal career is dedicated to combating powerful corporations that expose women to harmful substances and chemicals that can affect their reproductive health or cause birth defects.

If you decide to file an action against the parties who are responsible for your child's illness it is essential to gather the most evidence you can. This includes any blood tests, ultrasound images, and medical bills that arose as a result of the birth defect. This will help the attorney determine the worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful moments in a woman's life. But it's also a time when medical professionals can make mistakes that could cause birth defects. A top lawyer can help parents to file a claim against the medical professionals accountable for their child's handicap and obtain the amount of compensation they deserve.

Although the causes of birth defects are typically not understood by medical professionals however, a significant proportion can be linked to exposure to chemicals or environmental causes. This can include exposure by parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.

The manufacturers and the people who prescribe medicines are also required to warn the public about the dangers of their products. A significant portion of these medications are sold to pregnant women without warnings of the possibility of birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases that involve the occurrence of birth defects caused by parental exposure to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He is a graduate of the American University in Washington, D.C. as well as Suffolk University Law School.