Birth Defect Litigation

Some injuries are out of the parents or their control. If injuries that result from these accidents require special treatment and costly procedures, it could leave families with huge expenses.

A New York birth defect attorney can help parents who are in shock file an action to receive compensation for future expenses. However, the law has strict deadlines when a claim must be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks that come with childbirth and pregnancy. Birth defects and injuries still occur. Families need to explore their legal options when they can be prevented.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors at any point in the birth, labor and delivery procedures. Additionally medical professionals can be guilty of medical malpractice following the birth of a child if they fail to provide proper treatment.

In general, the statutes of limitation for these cases are 2.5 years after the date of the medical negligence. For infants this is sometimes extended. It is essential to talk with a lawyer early enough to ensure that all the evidence is gathered, and that a timely complaint be filed.

A lawsuit may be filed on behalf of a child for birth defects caused by chemical and toxic exposures during pregnancy. Specially trained birth defects lawyers can examine these claims and bring them to trial on behalf of the family.

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

Medical Malpractice

Birth defects can cause many physical or Birth Defect Lawsuits mental problems. Some of them may even be fatal. Some of these issues are genetic, but others are due to exposure to environmental factors or the use of prescribed drugs during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects as a result of their actions or inaction. These cases usually are due to medical negligence during delivery or labor. They can also include any other be in compliance with a standard of medical care, such as, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One such case involves Teratogens. These medications can lead to serious birth defects. When pregnant, doctors usually recommend women not to take this medication, which is utilized in the treatment of seizures. If an individual is exposed to the drug, she must file a claim.

It is essential to select an attorney who is experienced in handling these types of cases. Find a firm that specializes in this area, and works on an on a contingency basis, meaning you don't have to pay any fees unless you get the case won. Also, look for an attorney with excellent negotiation and communication skills. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

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

Drug manufacturers have an obligation to adequately test their products and warn consumers about any potential risks. Unfortunately some pharmaceutical companies fail to keep up-to-date with current research or fail to anticipate potential side effects. Furthermore, doctors may prescribe dangerous medications to their patients and women may not get proper information about the risks associated with taking certain drugs during pregnancy. These drugs are referred to as teratogens, and they can cause birth defects within the fetus, such as spina Bifida.

Other substances that may cause birth defect law firm defects are chemicals used in manufacturing and agriculture and heavy metals, like mercury that are contaminating groundwater and air. Diane Paolicelli's legal career has been dedicated to fighting powerful corporations that expose women to harmful chemicals and substances that can affect their reproductive health or lead to birth defects.

When bringing a lawsuit against the parties that are accountable for your child's health it is essential to gather as much evidence as possible. Included in this are any ultrasound images and blood tests as well as medical bills incurred as a result. This allows the attorney to determine the financial value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful experiences a woman can go through in her life. It's also a time when medical professionals are prone to making mistakes that result in birth defects. An experienced attorney can help parents in filing a claim and obtaining the money they deserve from those who are responsible for the impairment of their child.

Although the causes of birth defects are usually unknown to medical experts however, many of them are linked to exposure to chemicals or environmental factors. This could include contact from parents with toxic chemicals in the workplace, like glycol ethers and solvents used in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as spraying of crops.

The pharmaceutical companies and those who prescribe medications are also required to inform the public about the risks. A large portion of these drugs are marketed to women who are pregnant without warnings about the possibility of birth defect. 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. He concentrates his practice on cases where birth defects result from parental exposure to toxic chemical such as those used in the manufacture of semiconductors or in agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.