What's Holding Back This Birth Defect Legal Industry?

Birth Defect Litigation

Certain injuries are beyond the parents of their control. Families may be left with a huge bill when injuries require expensive procedures and special attention.

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

Statute of limitations

Modern technology and medical advances have helped to reduce risks related to pregnancy, childbirth and birth. However birth defects and injuries continue to occur. Families must consider their legal options when they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any time during the labor and delivery processes. Medical professionals may also be negligent following the birth of a baby when they fail to provide the proper treatment.

Generally speaking, the time limit for these cases is 2.5 years from the date of the occurrence of medical malpractice. For infants, this is sometimes extended. It is essential to talk with a lawyer as soon as you can to ensure that all the 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 toxic and chemical exposures during the pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can cause a variety of physical and mental problems. Some birth defects can cause death. Some of these problems are inherited, while others are due to exposure to environmental factors or the usage of prescription drugs during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects as a result of their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they can also be a result of any action or failure to act that falls short of a medical standard of care, such as failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One example is involving teratogens. These medications can lead to serious birth defects. When pregnant, doctors usually advise women to avoid taking this medication, which is used in the treatment of seizures. If a pregnant woman is exposed to this medication, she must file a claim.

It is essential to select an attorney who has prior experience in these types of cases. You should look for a firm that has expertise in this area and operates on contingency basis, which means you won't be charged anything until you win. Look for an attorney who has an excellent ability to communicate and negotiate. This will help ensure that your claim is filed 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. These issues are often caused by genetics, but can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Pharmaceutical companies are required to test their products thoroughly and inform the public of the potential dangers. Unfortunately many pharmaceutical companies fail to keep up with research or anticipate potential side consequences. Some doctors recommend dangerous drugs to their patients. Some women are not informed about the risks of taking certain drugs while pregnant. These drugs are known as teratogens. They can cause birth defects within the fetus, such as spina Bifida.

Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury that contaminate air or groundwater. Diane Paolicelli's career in law has been dedicated to fighting powerful corporations who expose women to toxic chemicals and substances that may cause harm to their reproductive health and lead to birth defects.

It is crucial to collect as the evidence you can prior to filing a lawsuit against the parties accountable. Included in this are ultrasound images or blood tests, as well as medical bills incurred as a result. This helps the attorney establish the worth 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 a time when many medical professionals can make mistakes that cause birth defects. An experienced attorney can help parents in submitting claims and Birth defect lawyers getting the compensation they deserve from those responsible for the disability of their child.

Medical experts are not always able to pinpoint the root of birth defects, but many of them can be due 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, as well as agricultural chemicals used for pesticides and crop spraying.

In addition, manufacturers and those who prescribe prescription medications have a responsibility to inform people of their risks. A majority of these drugs are marketed to women who are expecting without warnings of the possibility of birth defect. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects are caused by exposure to toxic chemicals in the home by parents such as those employed in semiconductor manufacturing or agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.