Birth Defect Litigation

Parents want their children to be perfect, Birth Defects but some injuries happen beyond their control. Families could be faced with huge bills when these injuries require expensive procedures and special care.

A New York birth defect lawyer can assist parents who are shocked to file an appeal and obtain compensation to pay for future expenses. However, the law puts strict deadlines when a claim needs to be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks that come with childbirth and pregnancy. However birth defects and injuries do occur. If they're preventable families should consider their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any time during the labor and delivery procedures. Additionally, medical professionals can commit medical malpractice following the birth of a child, by failing to provide proper treatment.

In general the statute of limitations in these cases are 2.5 years after the date of the medical error. The time limit can be extended for infants. It is essential to talk with an attorney immediately to ensure that all the evidence is gathered and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects caused by improper toxic and chemical exposures that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit, parents should look for the following characteristics:

Medical Malpractice

Birth defects can lead to a wide range of physical or mental problems. Some birth defects can cause death. Some of these problems are inherited, while others are due to exposure to the environment or the use of prescription drugs during pregnancy.

A doctor or medical professional could be accused of malpractice if they cause birth defects through their actions or inaction. These cases usually involve medical negligence during labor or delivery. However, they could also include any act or failure to act that is in violation of a medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One instance of case is a medication called teratogens. This medication can cause serious birth defects. During pregnancy, doctors usually advise women to avoid taking this medication, which is utilized to treat seizures. If a woman is exposed to the drug, then she should submit an insurance claim.

It is important to select an attorney who has handled these kinds of cases. Choose a law firm that has a specialization in this area and operates on an hourly basis, which means you won't have to pay a dime unless you succeed. Look for an attorney with excellent communication and negotiation skills. This will 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. Often, these conditions are genetically inherited, but some of them may be caused by chemical or environmental exposure, or medications that the mother took while pregnant.

Drug makers are required to test their products properly and warn the public of any risks that could be present. Unfortunately some pharmaceutical companies don't keep up to date with the latest research or fail to anticipate potential side effects. Additionally, doctors can prescribe dangerous drugs to patients and women may not receive adequate information on the dangers of taking certain drugs during pregnancy. These drugs are known as teratogens. They can cause birth defects in the fetus. This includes spina bifida.

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

When filing an action against the parties accountable for your child's condition it is crucial to gather as much evidence as possible. This includes any ultrasound scans, blood tests, and medical bills incurred as a result of the birth defect. This helps the attorney establish the monetary value of the case.

Product Liability

Pregnancy is among the most exciting and anxiety-inducing experiences in women's lives. However, it's also a time when medical professionals can make mistakes that can cause birth defects. An experienced attorney can help parents in filing an appeal and gaining the compensation they deserve from those responsible for the disability of their child.

Although the causes of birth defects are usually not understood by medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental causes. This could be due to contact by parents with toxic chemicals in the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing and agricultural chemicals used for pesticides and spraying of crops.

Additionally, the manufacturers and birth defects the people who prescribe prescription medications must inform people about the risks. Yet, a large percentage of these drugs are offered off-label to women of childbearing age without warnings regarding the risk of birth defects. This is particularly true for antidepressants like Prozac and Zoloft.

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