Birth Defect Litigation

Some injuries are beyond the parents in their control. Families are left with huge debts when these injuries require expensive procedures and special attention.

A New York birth defect lawyer can assist parents who are shocked to file an action and receive compensation to cover the cost of future expenses. The law has strict deadlines on when claims can be filed.

Statute of limitations

Modern medical technology and advances have reduced the risks that are associated with childbirth, pregnancy and birth defect law firm. However birth defects and injuries can still occur. If they're preventable families need to explore their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors personnel at any stage of the birth process, birth defect including labor and pregnancy. In addition, medical professionals can commit medical malpractice following a child's birth in the event that they fail to provide proper treatment.

In general the statute of limitations for these cases is 2.5 years after the date of the medical mistake. For infants this period can be extended. It is crucial to consult an attorney as soon as you can to ensure that all evidence is gathered and that a timely complaint be filed.

In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defects caused by improper toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

When selecting an attorney for a birth injury or defect lawsuit, parents should look for the following characteristics:

Medical Malpractice

Birth defects can trigger a wide range of mental or physical ailments. Some birth defects can cause death. Some of these problems are inherited, whereas others are caused by exposure to the environment or the use of prescription medications during pregnancy.

A doctor or medical professional could be accused of malpractice in the event of causing a birth defect through their actions or inaction. These cases usually are based on medical negligence in labor or delivery. However, they may also comprise any act or failure to act that is not in the range of a medical standard of care, like failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One such type of case involves a medication called teratogens. This medication can cause serious birth defects. During pregnancy, doctors usually advise women to avoid taking this medication, which is commonly used in the treatment of seizures. If an individual is exposed to the drug she must submit a claim.

It is essential to choose an attorney with experience in these types of cases. You should choose an attorney who has experience in this field and is based on contingency, meaning that you don't pay anything until you win. Additionally, you should choose an attorney with excellent negotiation and communication skills. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

Drug manufacturers have an obligation to adequately test their products and inform consumers of any potential risks. Unfortunately some pharmaceutical companies are not keeping up-to-date with the latest research or fail to anticipate possible side consequences. Additionally, doctors can prescribe dangerous drugs to their patients and some women do not receive the correct information regarding the risks of taking certain drugs during pregnancy. These are known as teratogens and can cause birth 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 which can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that could affect their reproductive health and cause birth defects.

If you are filing a lawsuit against the parties that are accountable for your child's health, it is important to gather the most evidence you can. This includes blood tests, ultrasound images, and medical bills that arise due to the birth defect. This information assists the attorney determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet stressful experiences in women's lives. However, it's also a time when medical professionals can make mistakes that could cause birth defects. A top attorney can help parents bring a lawsuit against those responsible for their child's disability and get the amount of compensation they deserve.

Although the causes of birth defects are typically unknown to medical professionals but a large proportion of birth defects can be attributed to exposure to chemicals or environmental factors. This could include exposure of parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying crops and Birth Defect pesticides.

In addition, manufacturers and 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 who are pregnant age without proper warnings about the possibility of birth defects. This is particularly applicable to antidepressants such 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 caused by parental exposure to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.