Birth Defect Litigation

Some injuries are beyond the parents in their control. When injuries require specialized treatment and costly procedures, it could leave families with huge expenses.

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

Statute of Limitations

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

Many birth defect suits are founded on accusations of medical malpractice. These lawsuits can result from mistakes made by nurses or doctors staff at any point during the birth process, including labor and pregnancy. Medical professionals may also be negligent after the birth of a baby when they fail to provide the proper treatment.

In general the statute of limitation for these cases is 2.5 years after the date of the medical malpractice. For infants, this period may be extended. It is essential to speak with a lawyer as soon as you can to ensure that all evidence is collected and that a timely complaint be filed.

A lawsuit can be filed on behalf of a child for birth defects caused by toxic and chemical exposures during the pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

Parents should be aware of the following factors when choosing an attorney to represent them in a lawsuit involving birth defects or birth injuries:

Medical Malpractice

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

Medical professionals or doctors can be accused of negligence when they cause birth defects as a result of their actions or inaction. The majority of these cases are due to medical negligence during labor or delivery. However, they may also comprise any act or failure to act that is not in the range of a medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One example involves teratogens. These medications can lead to serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must make a claim.

It is important to select an attorney who is experienced in handling these kinds of cases. Look for a law firm that is specialized in this field and operates on a contingency basis, so you don't have to pay any fees unless you succeed. Find an attorney who has an excellent ability to communicate and negotiate. This will help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

A lot of birth defects can cause physical or mental disabilities, that require expensive medical treatment and accommodations for the child. Often, these conditions are genetic, but some of them may be caused by environmental or chemical exposure, or by medications the mother consumed during pregnancy.

Drug manufacturers are required to test their products thoroughly and warn consumers of any potential risks. Sadly, some pharmaceutical companies fail to keep up with research or anticipate the potential adverse effects. Certain doctors prescribe dangerous drugs to their patients. Moreover, some women are not aware of the risks of taking certain medications during pregnancy. These medications, also known as teratogens, can cause birth defects such as spina-bifida that can occur in the fetus.

Other substances that could cause birth defects are chemicals used in manufacturing and agriculture in addition to heavy metals like mercury, which are contaminating the groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and Birth defect lawyers substances that can harm their reproductive health and cause birth defect law firm defects.

When bringing lawsuits against the parties accountable for your child's condition it is essential to gather the most evidence you can. This includes blood tests, ultrasound images and medical bills that came up as a result of the birth defect. This information assists the attorney determine the worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful moments in a woman's life. But it's also a time where medical professionals often make mistakes that could lead to birth defects. An experienced attorney can help parents in filing a claim and obtaining the amount they deserve from the people responsible for the disabilities of their child.

Although the causes of birth defects are often unknown to medical experts, a significant number can be linked to exposure to chemicals or environmental causes. This could be due to contact by parents with toxic chemicals in the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing as well as chemical pesticides used in agriculture and spraying of crops.

The manufacturers and the people who prescribe medication are also obliged to inform the public about the dangers of their products. A majority of these drugs are marketed to pregnant women without warnings about the risk of birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases where birth defects result from exposure of parents to toxic chemicals, such as those employed in semiconductor manufacturing or farming. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.