Birth Defect Litigation

Some injuries are beyond the parents or their control. When these injuries require special medical attention and expensive procedures, it could cause families to incur huge costs.

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

Statute of limitations

Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries still occur. Families need to explore their legal options if they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes made by doctors or nurses at any point during the pregnancy, labor and delivery procedures. In addition 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 limitation for these cases is 2.5 years after the date of the medical error. For infants, this time is sometimes extended. It is nevertheless important to seek legal advice immediately to ensure that all evidence is collected and that a timely claim 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 take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases on behalf of the family.

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

Medical Malpractice

Birth defects can cause a wide range of mental or physical problems. Some birth defects can be fatal. Some of these problems are caused by genetics, while others are caused by exposure to environmental factors or the use of prescribed drugs during pregnancy.

A doctor birth defects or medical professional could be accused of misconduct when they cause birth defects through their actions or inaction. These cases typically are based on medical negligence during delivery or labor. They can also include any perform a task that is not within the standard of medical care, like failing to recognize an illness or prescribing the wrong medication during pregnancy.

One example of this type of case involves a medication called teratogens. It can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should submit an insurance claim.

It is crucial to select an attorney who is experienced in handling these kinds of cases. Choose a law firm that has a specialization in this area, and works on the basis of a contingent fee, which means you don't pay anything unless you get the case won. Find an attorney who has excellent communication and negotiation skills. This will help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require costly medical care and accommodations for the child. These disorders are usually genetic, but they may also be caused by chemical or environmental exposure or Birth Defects the use of medications by the mother during pregnancy.

Pharmaceutical companies are required to test their products thoroughly and warn the public of any potential risks. Sadly many pharmaceutical companies fail to keep up with the latest research or anticipate potential side consequences. Some doctors recommend dangerous drugs to their patients, and some women aren't aware of the dangers associated with taking certain medications during pregnancy. These medications are referred to as teratogens. They can cause birth defects in the fetus, including spina Bifida.

Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals such as mercury that contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and other substances that damage their reproductive health and cause birth defects.

It is essential to gather as the evidence you can before filing a lawsuit against the parties accountable. Included in this are ultrasound images or blood tests, as well as medical bills that are incurred due to. This information can help attorneys determine the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful times in a woman's life. But it's also a time when many medical professionals make mistakes that can lead to birth defects. A top attorney can assist parents in submitting a claim and obtaining the compensation they deserve against those who are responsible for the impairment of their child.

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

Additionally, the manufacturers and those who prescribe prescription drugs must inform people of their risks. However, a significant portion of these drugs are offered off-label for women of childbearing age without adequate warnings about the possibility of birth defects. This is especially applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases involving the occurrence of birth defects caused by parental exposure to toxic chemicals such as those used in semiconductor manufacturing as well as agriculture. He is a graduate of the American University in Washington, D.C. as well as Suffolk University Law School.