Birth Defect Litigation

Some injuries are out of the parents in their control. Families may be left with a large bill when injuries require expensive procedures and special attention.

A New York birth defect attorney can help parents who are shocked to 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 medical technology and advancements in medical science have aided in reducing the risks that are associated with childbirth, pregnancy and birth. However, birth defects and injuries can still occur. When they are preventable, families should consider their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors staff at any point during pregnancy, labor and birth. Medical professionals may also be guilty of malpractice following the birth of a child if they fail provide proper treatment.

In general, the statutes of limitation for these cases are 2.5 years after the date of the medical negligence. This time frame can be extended for infants. It is essential to speak with an attorney as soon as you can to ensure that all the evidence is collected and that a timely complaint be filed.

In addition to medical malpractice, a suit can also be brought on behalf of a baby for birth defects resulting from improper toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute 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 defect lawyer injury or defect:

Medical Malpractice

Birth defects can cause an array of mental or physical ailments. Some birth defects can be fatal. Certain of these problems could be caused by genetics and others may be caused through exposure to the environment or prescription drugs taken during pregnancy.

A doctor or medical professional may be accused of malpractice when they cause birth defects by their actions or inaction. These cases are usually due to medical negligence during delivery or labor. They can also be a result of any other act which falls below a standard of medical care, such as failing to recognize an illness or prescribing incorrect medication during pregnancy.

One of these cases involves teratogens. These medications can cause birth defects that are serious. During pregnancy, doctors typically advise women to stay clear of this medication, which is commonly used in the treatment of seizures. If the woman is exposed to the drug, then she should make an action.

It is crucial to select an attorney who has experience in these types of cases. You should choose a firm with extensive experience in this field. It also works on contingency, so you don't have to pay any fees until you win. Also, look for a lawyer with strong communication and negotiation abilities. This can help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities, which require expensive medical care and accommodations for the child. These conditions are often genetic, but they can also be caused by environmental or chemical exposure, birth defect lawsuit or by medications taken by the mother during pregnancy.

Drug makers are required to thoroughly test their products and warn consumers of any risks. Unfortunately many pharmaceutical companies fail to keep up with research or anticipate possible side consequences. Furthermore, doctors may prescribe dangerous medicines to their patients, and some women do not have adequate information about the risks of taking certain medications during pregnancy. These are known as teratogens, and they can cause birth defects in the fetus including spina bifida.

Other substances that may cause Birth Defect Lawsuit defects are chemicals used in manufacturing and Birth defect lawsuit agriculture in addition to heavy metals like mercury that are contaminating groundwater or air. Diane Paolicelli's legal profession has been dedicated to fighting powerful corporations who expose women to toxic chemicals and substances that may cause harm to their reproductive health and cause birth defects.

If you decide to file lawsuits against the parties that are accountable for your child's health it is essential to gather as much evidence as possible. This includes blood tests, ultrasound images, and medical bills incurred because of the birth defect. This information helps the attorney to determine the value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful times in a woman's life. But it's also a time when medical professionals can make mistakes that can lead to birth defects. A top lawyer can help parents make a claim against those who are responsible for their child's disabilities and get the justice they deserve.

Medical experts aren't always able to determine the causes of birth defects, however most of them can be attributed to chemical or environmental exposure. This could be due to contact by parents with toxic chemicals at the workplace, like glycolethers and solvents utilized in semiconductor manufacturing, and agricultural chemicals for pesticides and spraying of crops.

In addition, manufacturers and the people who prescribe prescription medications are required to inform patients of the risks. Yet, a substantial portion of these drugs are sold off-label for women of childbearing age, without warnings about the risk of birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases where birth defects are caused by parental exposure to toxic chemical like those used in semiconductor manufacturing or agricultural. He graduated from the American University in Washington, D.C. and Suffolk University Law School.