Birth Defect Litigation

Certain injuries are beyond the parents' control. Families may be left with huge bills when these injuries require expensive procedures and special care.

A New York birth defect lawyer can assist parents in filing a claim and get compensation to cover future costs. However, the law imposes strict deadlines when a claim needs to be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce risks that are associated with childbirth, pregnancy and birth. However birth defects and injuries can still occur. When they are preventable, families must explore their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes made by doctors or nurses at any time during birth, labor and delivery procedures. Medical professionals can also be guilty of malpractice following the birth of a child in the event that they fail to provide appropriate treatment.

In general the statute of limitations for these cases is 2.5 years after the date of the medical mistake. This time period can be extended to infants. It is essential to talk with a lawyer immediately to ensure that all evidence is gathered and that a timely complaint can be filed.

In addition to medical malpractice, a suit may also be filed on behalf of an infant for birth defects caused by wrongful toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims 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 injury or defect:

Medical Malpractice

Birth defects can lead to various mental and physical issues. Certain birth defects can cause death. Some of these problems are inherited, while others are due to exposure to the environment or the use of prescribed drugs during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects through their actions or inaction. These cases usually are due to medical negligence during labor or delivery. They can also be a result of any act of failure to be in compliance with a standard of medical care, for example the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One such type of situation is a drug known as teratogens, which could cause birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug, she must submit an action.

It is vital to choose an attorney who has prior experience in these types of cases. You should choose an attorney who has years of experience in this field and works on contingency, so you won't have to pay nothing until you win. Also, look for an attorney with excellent negotiation and communication abilities. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

A variety of birth defects cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. These disorders are usually caused by genetics, but can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.

Drug manufacturers are required to test their products thoroughly and inform the public of any potential risks. Sadly many pharmaceutical companies do not 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 risks associated with using certain drugs during pregnancy. These medications, also known as teratogens may cause birth defects such as spina-bifida in the fetus.

Other substances that can cause birth defects are chemicals that are used in manufacturing and agriculture and heavy metals, like mercury, which are contaminating the groundwater or the air. Diane Paolicelli's legal profession has been dedicated to fighting powerful corporations who expose women to harmful chemicals and substances that could cause harm to their reproductive health and cause birth defects.

It is important to collect as many evidences as you can prior to filing a suit against the parties responsible. This includes blood tests, ultrasound images and medical bills that arose due to the birth defect. This will help the attorney determine the monetary worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking experiences a woman can go through in her life. It's also the time that medical professionals can make mistakes that cause birth defects. A top attorney can help parents bring a lawsuit against those accountable for their child's handicap and acquire the justice they deserve.

While the causes of birth defects are usually unknown to medical experts but a large proportion of birth defects can be attributed with exposure to chemicals or the environment. This can include exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for crop spraying and pesticides.

The pharmaceutical companies and those who prescribe medications must also inform the public about the dangers of their products. A large portion of these drugs are marketed to women who are expecting without warnings about the risk of birth defect. This is especially applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth Defect lawsuits - kinhtexaydung.net - against chemical and pharmaceutical companies. He focuses his practice on cases involving the occurrence of birth defects due to parental exposure to toxic chemicals, Birth Defect Lawsuits including the ones used in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.