Birth Defect Litigation

Certain injuries are beyond the parents' control. When these injuries require special treatment and costly procedures, it could cause families to be faced with massive costs.

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

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks associated with pregnancy and childbirth. However, birth defects and [Redirect-Java] 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 can involve mistakes committed by nurses or doctors staff at any time during labor, birth and pregnancy. In addition medical professionals could be guilty of medical malpractice after the birth of a child in the event that they fail to provide the proper treatment.

In general, the statutes of limitations in these cases are 2.5 years from the date of the medical malpractice. For infants, this time period may be extended. It is nevertheless important to seek legal advice as soon as possible to ensure that all evidence has been collected and that a timely claim be filed.

In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defects that result from wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.

Parents should consider the following characteristics when choosing an attorney to represent them in a lawsuit involving birth injury or defect:

Medical Malpractice

Birth defects can result in a wide range of mental or physical issues. Some birth defects can cause death. Some of these issues are genetic, but others are caused by exposure to environmental factors or the use of prescription medications during pregnancy.

A medical professional or doctor could be convicted of malpractice when they cause birth defects through their actions or inaction. Most cases involve medical negligence during labor or delivery. They also encompass any do something that is below the standard of medical treatment, for instance failing to recognize an illness or prescribing the wrong medication during pregnancy.

One example of this type of situation is a drug called teratogens. It can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug, then she should submit a claim.

It is important that you select an attorney who has experience in these types of cases. You should look for a firm with experience in this field and operates on contingency basis, which means you don't pay any fees until you win. Find an attorney who has excellent communication and negotiation skills. This will help to ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

Many birth defect attorney defects result in mental or physical disabilities that require expensive medical treatment and accommodations for the child. These disorders are usually genetic, but they may also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and warn the public of any potential risks. Sadly, some pharmaceutical companies do not keep up with research or anticipate possible side effects. Some doctors recommend dangerous drugs to their patients, and some women are not aware of the risks of using certain drugs during pregnancy. These drugs are referred to as teratogens and can cause birth defects in the fetus including spina Bifida.

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

It is important to collect as all evidence you can before filing a suit against the responsible parties. This includes blood tests, ultrasound images, and medical bills that arose as a result of the birth defect. This allows the attorney to determine the monetary value of the case.

Product Liability

Pregnancy is among the most exciting and anxious experiences of a woman's lifetime. But it's also a period when many medical professionals make mistakes that can lead to birth defects. A top lawyer can help parents file a claim against those who are responsible for their child's disabilities and acquire the compensation they deserve.

While the causes of birth defects are usually unknown to medical experts but a large proportion of birth defects can be attributed to exposure to chemicals or environmental causes. This can include parental contact with toxic chemicals at the workplace, like glycol ethers and solvents used in semiconductor manufacturing, as well as agricultural chemicals for pesticides and crop spraying.

Manufacturers and those who prescribe medications also have a duty to inform the public about the dangers of their products. Yet, a substantial portion of these drugs are sold off-label for women of childbearing age without proper warnings about the possibility of birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases involving the development of birth defects caused by parental exposure to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.