Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur outside their control. Families are left with huge debts when these injuries require costly procedures and special care.

A New York birth defect lawyer can help stunned parents file an action and receive compensation to cover future expenses. The law has strict deadlines on when claims can be filed.

Statute of Limitations

Modern medical technology and advances have aided in reducing the risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries persist. Families must consider their legal options if they can be prevented.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve errors made by nurses or doctors at any time during the pregnancy, labor and delivery processes. Medical professionals may also commit malpractice after the birth of a child in the event that they fail to provide appropriate treatment.

Generally speaking, the statute of limitations in these cases is 2.5 years from when the act was committed of medical negligence. For infants, this period can be extended. However, it is essential to seek legal advice immediately to ensure that all evidence is collected and that a timely claim can be filed.

A lawsuit can be filed on behalf of a child in relation to birth defects caused by toxic and chemical exposures during the pregnancy. Specially trained birth defects lawyers can look into these claims and pursue them on behalf of the family.

Parents should take into consideration the following characteristics when choosing an attorney to represent them in a suit for birth defects or birth injuries:

Medical Malpractice

Birth defects can lead to various mental and physical issues. Some of them could be fatal. Certain of these problems could be caused by genetics, while others are caused by exposure to the environment or prescription medications used during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects through their actions or inaction. Most cases involve medical negligence during the birth or labor process. They can also be a result of any act of failure to be in compliance with a standard of medical care, like, failing to diagnose an illness or Birth Defect Lawsuits prescribing incorrect medication during pregnancy.

One example of this type of situation involves a drug called teratogens, which can cause serious birth defects. During pregnancy, doctors usually advise women to not take this medication, which is utilized to treat seizures. If women are exposed to the drug it is recommended that she make a claim.

It is essential to select an attorney with experience handling these types of cases. Choose a law firm that is specialized in this area, and works on the basis of a contingent fee, which means you don't pay anything unless you succeed. Additionally, you should choose a lawyer who has excellent negotiation and communication abilities. This will ensure that you submit your claim before the statute of limitations expires.

Prescription Drugs

A lot of birth defects can cause mental or physical disabilities which require costly medical care and accommodations for the child. Most of the time, these issues are genetic, however some can be caused by chemical or environmental exposure, or the medications the mother was taking during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and inform the public of any risks that could be present. Unfortunately certain pharmaceutical companies fail to keep up to date with the latest research or fail to anticipate possible side effects. In addition, doctors can prescribe dangerous drugs to their patients as well as some women do not receive adequate information on the risks associated with taking certain medications during pregnancy. These drugs are known as teratogens, and they can cause birth defects in the fetus. This includes spina Bifida.

Other substances that could cause birth defects include chemicals used in agriculture and manufacturing in addition to heavy metals, like mercury that are contaminating air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and substances that can damage their reproductive health and lead to birth defect law firms defects.

It is crucial to collect as all evidence you can before filing a suit against the parties accountable. Included in this are ultrasound images, blood tests, and medical bills that are incurred as a result. This allows the attorney to determine the worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful experiences a woman can go through in her life. But it's also a time when medical professionals can make mistakes that can cause birth defects. A top attorney can assist parents in submitting an action and obtaining the money they deserve from those responsible for the handicap of their child.

Although the causes of birth defects are usually unknown to medical experts, a significant number can be attributed with exposure to chemicals or the environment. This can include exposure by parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying crops and pesticides.

The pharmaceutical companies and those who prescribe medications are also obliged to inform people about the dangers. A significant portion of these medications are sold to pregnant women without warnings of the possibility of birth defects. This is especially 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 involving the development of birth defects that result from parental exposure to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He graduated of the American University in Washington, D.C. and Suffolk University Law School.