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20 Things You Need To Know About Birth Defect Legal

5 min read

Birth Defect Litigation

Parents want perfect babies, but some injuries happen beyond their control. If injuries that result from these accidents require special treatment and costly procedures, it can cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents who are stunned to file an appeal and obtain compensation to cover future expenses. However, the law has strict deadlines for when a claim needs to be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks associated with childbirth and pregnancy. However birth defects and injuries continue to occur. When they are preventable, families need to explore their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any stage of pregnancy, labor and birth. Additionally medical professionals may be guilty of medical malpractice after the birth of a child in the event that they fail to provide the correct treatment.

In general the statute of limitations for these cases is 2.5 years after the date of the medical mistake. For infants, this time period can be extended. However, it is important to seek legal advice as soon as you can to ensure that all evidence has been collected and that a timely claim can be filed.

In addition to medical malpractice, a suit may also be filed on behalf of an infant for birth defects that result from wrongful toxic and chemical exposures that take place during the mother’s pregnancy. Lawyers specially trained in Ohio birth Defect attorney defects can look into these claims and prosecute them on behalf of the family.

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

Medical Malpractice

Birth defects can result in a wide range of mental or physical issues. Some may even be fatal. Some of these issues are inherited, whereas others are due to environmental exposures or the use of prescription medications during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defects by their actions or inaction. These cases typically involve medical negligence during labor or delivery. However, they may also comprise any act or failure to act in excess of a medical standard of care, like failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One example of situation involves a drug known as teratogens, which could cause serious birth defects. Doctors typically 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 file a claim.

It is vital to select an attorney with previous experience in these cases. You should look for an attorney with years of experience in this field and works on contingency, so you won’t have to pay any fees until you win. Additionally, you should choose an attorney who has strong communication and negotiation abilities. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require costly medical treatment and accommodations for the child. The majority of these problems are inherited, but a few of them are caused by chemical or environmental exposure or medication that the mother took during pregnancy.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and warn consumers about any risks. Unfortunately, some pharmaceutical companies are not keeping up to date with the latest research or fail to anticipate potential side effects. Moreover, doctors may prescribe dangerous medications to their patients, and some women do not have adequate information about the risks associated with taking certain drugs during pregnancy. These drugs are referred to as teratogens and can cause birth defects within the fetus including spina Bifida.

Other substances that can cause birth defect attorney defects are chemicals used in agriculture and manufacturing in addition to heavy metals like mercury that are contaminating groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that cause harm to their reproductive health and cause birth defects.

It is crucial to collect as all evidence you can prior to making a claim against the responsible parties. This includes ultrasound scans, blood tests and medical bills incurred as a result of the birth defect. This allows the attorney to determine the financial worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking events in a woman’s lifetime. It’s also the time when medical professionals can make mistakes that result in birth defects. An experienced attorney can help parents file a claim against those accountable for their child’s handicap and obtain the justice they deserve.

While the causes of birth defects are usually unknown to medical professionals but a large proportion of birth defects can be linked to environmental or chemical exposure. This can include parental exposure to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.

The pharmaceutical companies and those who prescribe medication are also required to warn the public about their risks. A majority of these medications are sold to women who are pregnant, without warnings about the risk of birth defects. This is particularly true for antidepressants like Prozac and Zoloft.

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


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