Birth Defect Litigation

Parents want perfect babies, but some injuries happen out of their control. When injuries require specialized treatment and expensive procedures, it can result in huge costs for families.

A New York birth defect lawyer can help stunned parents file an action and receive compensation to cover future costs. However, the law places strict deadlines when a claim should be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce risks associated with pregnancy, childbirth and birth. Birth defects and injuries do persist. If they can be prevented, families must explore their legal options.

Many birth defect suits are founded on allegations of medical malpractice that occurred. These cases can involve errors committed by nurses or doctors at any point in the pregnancy, labor and delivery procedures. Additionally medical professionals could be guilty of medical malpractice after the birth of a baby when they fail to provide the proper treatment.

Generally, the time-limit for these cases is 2.5 years from the date of the occurrence of medical negligence. For infants this period can be extended. However, it is essential to seek legal advice as soon as possible to ensure that all evidence is gathered and that a timely claim be filed.

A lawsuit may be filed on behalf of a child for birth defects caused by toxic and wiki.conspiracycraft.net chemical exposures during the pregnancy. Lawyers specially trained in beverly hills birth defect law firm defects can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can lead to a wide range of physical or mental problems. Certain birth defects can be fatal. Some of these problems are caused by genetics, while 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 if they cause a birth defect through their actions or inaction. These cases are usually caused by medical negligence during labor or delivery. They may also involve any other act which falls below a standard of medical treatment, for instance failing to recognize an illness or prescribing incorrect medication during pregnancy.

One such case involves the teratogens. These drugs can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should file a claim.

It is essential to select an attorney who has prior experience in these types of cases. Find a firm that specializes in this area and works on an hourly basis, which means you don't pay anything unless you are successful. Look for an attorney who has great negotiation and communication skills. This will ensure that you submit your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects can cause physical or mental disabilities that require costly medical treatment and accommodations for the child. These disorders are usually genetic, but they may also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.

Drug manufacturers are required to test their products correctly and warn the public of any risks that could be present. Unfortunately, some pharmaceutical companies are not keeping up with the latest research or fail to anticipate potential adverse effects. Additionally, doctors can prescribe dangerous drugs to patients and women may not get proper information about the risks of taking certain medications during pregnancy. These are known as teratogens, and they can cause birth defects within the fetus, such as spina bifida.

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

It is crucial to gather as much evidence as you can before filing a lawsuit against the parties responsible. This includes any ultrasound scans, blood tests, and medical bills that arise because of the birth defect. This will help the attorney determine the monetary value of the case.

Product Liability

Pregnancy is among the most exciting, and nerve-wracking experiences in women's lives. It's also a time when many medical professionals can make mistakes that lead to birth defects. A top lawyer can help parents bring a lawsuit against those responsible for their child's condition and receive the amount of compensation they deserve.

While the causes of birth defects are generally unknown to medical professionals but a large proportion of birth defects can be attributed to exposure to chemicals or environmental factors. This can include exposure by parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for spraying for crops and pesticides.

Furthermore, manufacturers and those who prescribe prescription medications must inform people about the risks. Yet, a substantial portion of these medications are sold off-label for women of childbearing age without warnings regarding the potential for birth defects. This is especially applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases that involve the occurrence of birth defects due to exposure of parents to toxic chemicals, including those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.