Five Tools Everybody Who Works In The Birth Defect Legal Industry Should Be Utilizing

Birth Defect Litigation

Parents want perfect babies However, some injuries occur outside of their control. When injuries require specialized medical attention and expensive procedures, it can cause families to incur huge costs.

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

Statute of Limitations

Modern technology and medical advances have made it possible to reduce the risks associated with childbirth, pregnancy and birth. However birth defects and injuries still occur. Families need to consider their legal options if they are preventable.

Many birth defect suits are made on the basis of allegations that medical malpractice occurred. These cases can involve errors committed by nurses or doctors at any time during labor and birth procedures. In addition medical professionals may be guilty of medical malpractice after the birth of a baby by failing to provide the proper treatment.

Generally, the time-limit for these cases is generally 2.5 years from the date of the incident of medical negligence. For infants, the time can be extended. It is essential to speak with a lawyer early enough to ensure that all evidence is gathered and that a timely complaint can be filed.

A lawsuit can be filed on behalf of a child for birth defects that are caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

Parents should consider the following characteristics when choosing an attorney to represent them in a lawsuit for birth defects or birth injuries:

Medical Malpractice

Birth defects can cause a wide range of mental or physical issues. Certain birth defects could be fatal. Some of these problems are inherited, whereas others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional could be accused of misconduct in the event of causing birth defect attorneys defects by their actions or inaction. These cases usually are caused by medical negligence during labor or delivery. However, they could also include any act or inability to act that is in violation of the medical standard of care, like not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One such case involves Teratogens. These drugs can result in birth defects that are serious. During pregnancy, doctors usually advise women to not take this medication, which is commonly used to treat seizures. If a woman who is pregnant is exposed to this medication, she must submit an insurance claim.

It is crucial to choose an attorney who has previous experience in these cases. Find a firm that specializes in this area and operates on an on a contingency basis, meaning you don't pay anything unless you win. Look for an attorney with outstanding negotiation and communication skills. This will ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities, which require expensive medical care and accommodations for the child. The majority of these problems are genetic, but some can be caused by environmental or chemical exposure, or by medications the mother took while pregnant.

Drug manufacturers have an obligation to adequately test their products and inform consumers of any potential risks. Sadly many pharmaceutical companies do not keep up with the latest research or anticipate potential side effects. Moreover, doctors may prescribe dangerous medicines to their patients, and some women do not receive the correct information regarding the risks of taking certain medications during pregnancy. These medications are referred to as teratogens and can cause birth defects within the fetus including spina bifida.

Other substances that could cause birth defects include chemicals used in manufacturing and agriculture as well as heavy metals, like mercury that are contaminating groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and substances that harm their reproductive health and cause birth defects.

It is essential to gather as much evidence as you can prior to making a claim against the responsible parties. This includes ultrasound scans, blood tests, and medical bills that arise as a result of the birth defect. This will help the attorney determine the value of the case.

Product Liability

Pregnancy is among the most exciting and anxiety-inducing experiences in a woman's lifetime. It's also the time that many medical professionals can make mistakes that lead to birth defects. An experienced attorney can assist parents bring a lawsuit against those responsible for their child's disability and acquire the amount of compensation they deserve.

While the causes of birth defects are typically not understood by medical professionals however, a significant proportion are linked to exposure to chemicals or environmental causes. This could be due to contact by parents with toxic chemicals at the workplace, like glycolethers and solvents utilized in semiconductor manufacturing, and chemical pesticides used in agriculture and spraying of crops.

Additionally, the manufacturers and those who prescribe prescription medications have a responsibility to warn consumers of the dangers. A large portion of these drugs are marketed to women who are pregnant without warnings about the risk of birth defect. This is especially applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases involving the development of birth defect law firm defects caused by exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.