Birth Defect Litigation

Some injuries are out of the parents of their control. Families could be faced with a large bill when injuries require expensive procedures and special treatment.

A New York birth defect attorney can help parents who are shocked to file an appeal to be compensated for birth defect Lawsuits future expenses. However, the law places strict deadlines for when a claim needs to be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks that come with childbirth and pregnancy. Birth defects and injuries still occur. Families should consider their legal options when they are preventable.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any stage of pregnancy, labor and birth. In addition, medical professionals can commit medical malpractice after the birth defect lawyers of a baby in the event that they fail to provide the proper treatment.

Generally, the time limit for these cases is 2.5 years from the date of the act of medical malpractice. This time frame may be extended for infants. However, it is essential to seek legal advice early enough to ensure that all evidence has been collected and that a timely claim be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Lawyers specially trained in birth defects can look into these claims and prosecute them on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit, parents should look for the following qualities:

Medical Malpractice

Birth defects can lead to various mental and physical issues. Some birth defects can be fatal. Certain of these problems could be genetic and others may be caused through exposure to the environment or prescription drugs taken during pregnancy.

A medical professional or doctor may be accused of negligence if they cause birth defects due to their actions or inaction. These cases typically are based on medical negligence during labor or delivery. They also encompass any act of failure to be in compliance with a standard of medical care, for example not diagnosing an illness or prescribing the wrong medication during pregnancy.

One such case involves Teratogens. These medications can cause birth defects that are serious. During pregnancy, doctors typically advise women to avoid taking this medication, which is used in the treatment of seizures. If an individual is exposed to the drug then she must file a claim.

It is important to choose an attorney with experience handling these types of cases. Look for a law firm that specializes in this field and operates on a contingency basis, so you don't have to pay any fees unless you get the case won. Also, search for a lawyer with strong negotiation and communication skills. This will help ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

A variety of birth defects cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. These issues are often genetic, but they may also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Drug manufacturers are required to ensure that their products are tested properly and inform the public about any risks that could be present. Unfortunately, some pharmaceutical companies are not keeping up with the latest research or fail to anticipate potential adverse consequences. Some doctors prescribe dangerous drugs to their patients and some women are not aware of the dangers associated with taking certain medications during pregnancy. These drugs, known as teratogens can cause birth defects such as spina-bifida that can occur in the fetus.

Other substances that can cause birth defects are the chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury that pollute groundwater and air. Diane Paolicelli's legal profession has been dedicated to fighting powerful corporations that expose women to harmful chemicals and substances that could cause harm to their reproductive health and lead to birth defect lawyer defects.

It is essential to gather as much evidence as you can before filing a suit against the party responsible. Included in this are ultrasound images as well as blood tests and medical bills incurred due to. This information will help the attorney determine the worth of the case.

Product Liability

Pregnancy is among the most exciting, but anxiety-inducing experiences in women's lives. It's also a time where many medical professionals can make mistakes that result in birth defects. An experienced attorney can help parents in submitting an appeal and gaining the compensation they deserve against those responsible for the handicap of their child.

Medical experts aren't always able to determine the specific cause of birth defects, however a large number can be attributed to chemical or environmental exposure. This could be due to contact by parents with toxic chemicals at the workplace, like glycol ethers and solvents used in semiconductor manufacturing and agricultural chemicals used for pesticides as well as crop spraying.

In addition, the manufacturer and those who prescribe prescription medications must inform consumers of the dangers. Yet, a substantial portion of these medications are sold off-label to women who are pregnant age without proper warnings about the risk of birth defects. This is especially 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. He focuses his practice on cases where birth defects result from parental exposure to toxic chemical like those used in semiconductor manufacturing or farming. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.