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 point during the birth defect lawsuit, labor and delivery procedures. Additionally medical professionals can be guilty of medical malpractice following a child’s birth if they fail to provide the correct treatment.
Generally, the time-limit for these cases is generally 2.5 years from when the act was committed of medical negligence. This time period may be extended for infants. It is crucial to consult an attorney as soon as you can to ensure that all evidence is collected, and that a timely complaint can be filed.
In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects caused by wrongful exposure to chemicals and toxic substances that occur during a mother’s pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.
When choosing an attorney to represent them in a birth defect or birth injury lawsuit parents should consider the following qualities:
Medical Malpractice
Birth defects can trigger numerous physical or mental problems. Some birth defects can be fatal. Some of these issues may be caused by genetics, while others are caused by exposure to the environment or prescription medications taken during pregnancy.
A medical professional or doctor could be accused of misconduct if they cause a birth defect through their actions or inaction. These cases typically involve medical negligence during the birth or labor process. They can also be a result of any act of failure to act which falls below a standard of medical care, such as the failure to diagnose an illness or prescribing incorrect medication during pregnancy.
One such type of case is a medication called teratogens. This medication can cause serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must submit a claim.
It is essential to select an attorney who has expertise in these kinds of cases. It is best to choose a firm with experience in this field and works on contingency, so you don’t have to pay anything until you are successful. Also, search for an attorney with excellent negotiation and communication abilities. This will help to ensure that you file your claim 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. These disorders are usually genetic, but can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.
Drug makers are required to test their products thoroughly and inform consumers of any risks. Sadly many pharmaceutical companies fail to keep up with research or anticipate potential side consequences. Some doctors prescribe dangerous drugs to their patients. Moreover, some women are not aware of the risks of taking certain drugs while pregnant. These drugs are known as teratogens and can cause birth defects in the fetus including spina bifida.
Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury which affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that can cause harm to their reproductive health and lead to birth defects.
When bringing an action against the parties that are accountable for your child’s health it is essential to gather as much evidence as possible. This includes any ultrasound scans, blood tests and medical bills that arise as a result of the birth defect. This information will help attorneys determine the value of the case.
Product Liability
Pregnancy is one of the most thrilling and stressful events in a woman’s lifetime. It’s also a time when medical professionals can make mistakes that could lead to birth defects. A top lawyer can assist parents in filing an action and obtaining the compensation they deserve against the people responsible for the disabilities of their child.
Although 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 could be due to contact by parents with toxic chemicals in the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing, as well as agricultural chemicals used for birth pesticides as well as crop spraying.
The manufacturers and the people who prescribe medication are also obliged to warn the public about the dangers of their products. However, a lot of these drugs are sold off-label for women of childbearing age without proper warnings about the possibility of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.