Birth Defect Litigation

Certain injuries are beyond the parents' control. If these injuries require special treatment and expensive procedures, it could result in huge costs for families.

A New York birth defect attorney can help parents who are grieving and file an action to receive compensation for future expenses. However, the law has strict time limitations on 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 continue to occur. Families must consider their legal options when they can be prevented.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing staff at any point during labor, pregnancy and birth. Medical professionals may also be negligent after the birth of a baby by failing to provide the correct treatment.

In general, the statutes of limitations for these cases are 2.5 years after the date of the medical negligence. For infants, this time period can be extended. However, it is important to seek legal counsel early enough to ensure that all evidence has been collected and that a timely claim be filed.

A lawsuit can be filed on behalf of a child to claim birth defects caused by chemical and toxic exposures during the pregnancy. Specially trained birth defects lawyers are able to investigate the claims and then prosecute them on behalf of the family.

Parents should consider the following factors when choosing an attorney to represent their interests in a lawsuit filed for birth defect or injury:

Medical Malpractice

Birth defects can lead to a variety of physical and mental problems. Some birth defects may be fatal. Some of these problems are inherited, whereas others are caused by exposure to environmental factors or the use of prescribed drugs during pregnancy.

A doctor or medical professional may be accused of negligence when they cause birth defects through their actions or inaction. These cases are usually based on medical negligence in labor Birth defect lawsuit or delivery. They may also involve any act of failure to be in compliance with a standard of medical care, for example failing to recognize an illness or prescribing the wrong medication during pregnancy.

One example of this type of case is a medication called teratogens. This medication can cause serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should file an insurance claim.

It is important to select an attorney who is experienced in handling these types of cases. Find a law firm that has a specialization in this area and operates on an hourly basis, which means there is no cost unless you are successful. Also, look for an attorney with excellent negotiation and communication abilities. This can help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects cause physical or mental disabilities, which require costly medical care and accommodations for the child. The majority of these problems are genetically inherited, but some can be caused by chemical or environmental exposure, or medications that the mother took while pregnant.

Drug manufacturers are required to test their products correctly and warn the public of any potential dangers. Sadly many pharmaceutical companies fail to keep up with research or foresee potential side consequences. In addition, doctors can prescribe dangerous medicines to their patients and women may not receive the correct information regarding the dangers of taking certain drugs during pregnancy. These medications are referred to as teratogens. They may cause birth defect lawsuit defects in the fetus including spina Bifida.

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

It is crucial to gather as much evidence as you can before filing a lawsuit against the responsible parties. Included in this are ultrasound images or blood tests, as well as medical bills that are incurred as a result. This information assists the attorney assess the worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. It's also the time that medical professionals can make mistakes that cause birth defects. An experienced attorney can help parents in submitting an appeal and gaining the compensation they deserve from the people responsible for the disabilities of their child.

While the causes of birth defects are typically unknown to medical professionals however, a significant proportion can be linked to exposure to chemicals or environmental causes. This could be due to contact by parents with toxic chemicals in the workplace, like glycol ethers and solvents used in semiconductor manufacturing as well as agricultural chemicals used for Birth defect lawsuit pesticides as well as spraying on crops.

Furthermore, manufacturers and those who prescribe prescription medications have a responsibility to warn people about the risks. A significant portion of these drugs is marketed to pregnant women without warnings of the possibility of birth defect. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuit defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals in the home by parents such as those used in semiconductor manufacturing or farming. He is a graduate from the American University in Washington, D.C. as well as Suffolk University Law School.