9 Signs You're A Birth Defect Legal Expert

Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur outside their control. When these injuries require special care and costly procedures, it can leave families with huge expenses.

A New York birth defect attorney can assist parents who are in shock file an appeal to be compensated for future expenses. The law has strict deadlines on when a claim may be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries continue to occur. Families need to explore their legal options if they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any time during pregnancy, labor and delivery processes. In addition medical professionals may be guilty of medical malpractice following the birth of a child, by failing to provide the proper treatment.

In general the statute of limitations in these cases are 2.5 years from the date of the medical error. For infants, this can be extended. It is essential to speak with an attorney early enough to ensure that all evidence is collected and that a timely complaint be filed.

A lawsuit can be filed on behalf of a baby for birth defects caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can look into these claims and bring them to trial on behalf of the family.

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

Medical Malpractice

Birth defects can result in a wide range of mental or physical ailments. Some of them can be fatal. Some of these issues are genetic, but others are caused by exposure to the environment or the use of prescribed drugs during pregnancy.

A medical professional or doctor could be accused of misconduct in the event of causing birth defects due to their actions or inaction. These cases typically are based on medical negligence in delivery or labor. However, they can include any act or failure to act that is not in the range of the medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One example is involving Teratogens. These drugs can result in serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should make a claim.

It is essential to choose an attorney with experience in these types of cases. Find a firm that is experienced in this field and operates on an on a contingency basis, meaning there is no cost unless 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 costly medical treatment and accommodations for the child. These disorders are usually caused by genetics, but can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Drug manufacturers have an obligation to thoroughly test their products and warn consumers of any potential risks. Sadly some pharmaceutical companies do not keep up with research or anticipate possible side consequences. Some doctors prescribe dangerous drugs to their patients. Some women aren't aware of the risks of taking certain drugs while pregnant. These drugs are known as teratogens and could cause birth defects in the fetus. This includes spina bifida.

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

If you decide to file an action against the parties accountable for your child's condition it is essential to gather as much evidence as you can. This includes ultrasound scans, blood tests and medical bills incurred due to the birth defect. This information helps the attorney assess the value of the case.

Product Liability

Pregnancy is among the most exciting, yet anxious experiences of women's lives. It's also a time when many medical professionals make mistakes that could lead to birth defects. A reputable attorney can assist parents in filing a claim and obtaining the amount they deserve from those responsible for the handicap of their child.

Medical professionals aren't always able to determine the root of birth defects, but a large number can be caused by environmental or chemical exposure. This can include parental contact with toxic chemicals in the workplace, for example solvents and glycol ethers used in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.

Manufacturers and those who prescribe medication also have a duty to inform the public about the risks. Yet, a substantial portion of these drugs are marketed off-label for women of childbearing age without warnings regarding the possibility of birth defects. This is particularly applicable to antidepressants such 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 where birth defects result from exposure to toxic chemicals by parents like those employed in the manufacture of semiconductors or in agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.