Three Reasons Why Three Reasons Your Birth Defect Legal Is Broken (And How To Repair It)

Birth Defect Litigation

Some injuries are beyond the parents in their control. If  birth defect attorney clearwater  require special treatment and costly procedures, it could cause families to incur huge costs.

A New York birth defect lawyer can help stunned parents file a claim and get compensation to cover the cost of future expenses. The law has strict time limitations on when claims can be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks associated with pregnancy and childbirth. Birth defects and injuries do persist. If they're preventable families must consider their legal options.

Many birth defect lawsuits are based on accusations of medical malpractice. These cases can involve mistakes made by nurses or doctors staff at any stage of labor, pregnancy and birth. Medical professionals may also be negligent after the birth of a baby if they fail provide proper treatment.

Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the occurrence of medical malpractice. For infants, this period may be extended. It is essential to speak with a lawyer whenever you can to ensure that all evidence is gathered and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defects lawyers can look into the claims and then prosecute them on behalf of the family.

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

Medical Malpractice

Birth defects can lead to a wide range of physical or mental problems. Some may even be fatal. Some of these issues could be caused by genetics while others are triggered by exposure to the environment or prescription medications taken during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defects by their actions or inaction. These cases typically are caused by medical negligence during labor or delivery. They can also include any act of failure to act which falls below a standard of medical care, for example failing to recognize an illness or prescribing the wrong medication during pregnancy.

One example of case involves a medication known as teratogens, which could cause serious birth defects. During pregnancy, doctors usually advise women to not take this medication, which is used in the treatment of seizures. If a woman is exposed to the drug, it is recommended that she file a claim.

It is essential to select an attorney who has handled these kinds of cases. You should seek out a firm with expertise in this area and is on contingency, which means you won't have to pay anything until you are successful. Also, look for a lawyer with strong negotiation and communication abilities. This will help ensure that you file your claim before the time limit expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities which require expensive medical care and accommodations for the child. Most of the time, these issues are genetically inherited, but some of them can be caused by environmental or chemical exposure, or medications that the mother took during pregnancy.

Drug makers are required to adequately test their products and warn consumers about any risks. Sadly, some pharmaceutical companies do not keep up with research or anticipate potential side effects. Moreover, doctors may prescribe dangerous medicines to their patients and women may not receive the correct information regarding the dangers of taking certain medications during pregnancy. These drugs are referred to as teratogens and may cause birth defects in the fetus. This includes spina Bifida.

Other substances that may cause birth defects are chemicals employed in the production and agricultural industries as well as heavy metals, like mercury that are contaminating groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and substances that could damage their reproductive health and lead to birth defects.

If you decide to file lawsuits against the people who are responsible for your child's illness, it is important to gather as much evidence as you can. Included in this are ultrasound images, blood tests, and medical bills that are incurred as a result. This assists the attorney in determining the financial worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful events in a woman's lifetime. But it's also a time when medical professionals can make mistakes that could cause birth defects. A top attorney can help parents make a claim against those responsible for their child's condition and receive the amount of compensation they deserve.

Although the causes of birth defects are typically unknown to medical experts but a large proportion of birth defects are linked with exposure to chemicals or the environment. This can be due to exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying crops and pesticides.

In addition, manufacturers and those who prescribe prescription medications have a responsibility to inform people about the risks. A significant portion of these drugs is marketed to women who are pregnant, without warnings about the possibility of birth defects. This is particularly true 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. He focuses his practice on cases where birth defects result from exposure of parents to toxic chemicals such as those employed in semiconductor manufacturing or farming. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.