Birth Defect Litigation

Some injuries are out of the parents or their control. Families may be left with a large bill when injuries require costly procedures and special care.

A New York birth defect law Firms defect attorney can assist parents who are in shock file an action to receive compensation for future expenses. However, the law puts strict deadlines the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce risks associated with childbirth, pregnancy and birth. However birth defects and injuries can still occur. When they are preventable, families must consider their legal options.

Many birth defect suits are stemming from accusations of medical malpractice. These cases could involve mistakes made by doctors or nursing staff at any time during the birth process, including labor and pregnancy. Additionally medical professionals may be guilty of medical malpractice after the birth of a baby when they fail to provide proper care.

Generally, the time limit for these cases is generally 2.5 years from the date of the occurrence of medical malpractice. The time limit may be extended for infants. It is important to consult a lawyer early enough to ensure that all evidence is gathered and that a timely complaint be filed.

A lawsuit may be filed on behalf of a child in relation to birth defects caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

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

Medical Malpractice

Birth defects can lead to a variety of physical and mental problems. Some birth defects may cause death. Some of these issues may be caused by genetics, while others are caused through exposure to the environment or prescription medications taken during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects as a result of their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they may also comprise any act or failure to act that is in violation of the medical standard of care, like not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One such type of case is a medication called teratogens, which can cause serious birth defects. In the course of pregnancy, doctors generally recommend women not to take this medication, which is used in the treatment of seizures. If a pregnant woman is exposed to this drug, she should make a claim.

It is crucial to select an attorney who has prior experience in these types of cases. Choose a law firm that has a specialization in this area and operates on an on a contingency basis, meaning there is no cost unless you win. Look for an attorney with outstanding negotiation and communication skills. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects can cause mental or physical disabilities that require costly medical treatment and accommodations for the child. Most of the time, these issues are genetic, but some can be caused by environmental or chemical exposure or medication that the mother consumed during pregnancy.

Drug makers are required to test their products correctly and inform the public about any risks that could be present. Unfortunately some pharmaceutical companies fail to keep up with the latest research or anticipate potential side effects. Furthermore, doctors may prescribe dangerous drugs to their patients and women may not have adequate information about the risks of taking certain medications during pregnancy. These medications, also known as teratogens, can cause birth defects, like spina-bifida in the fetus.

Other substances that could cause birth defects include chemicals employed in the production and agricultural industries, Birth Defect Law Firms as well as heavy metals like mercury, which are contaminating the groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that can affect their reproductive health and lead to birth defects.

If you decide to file a lawsuit against the parties who are responsible for your child's illness, it is important to gather as much evidence as you can. This includes any ultrasound scans, birth defect law Firms blood tests and medical bills that arose as a result of the birth defect. This allows the attorney to determine the worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. It's also a time where many medical professionals make mistakes that could cause birth defects. A top lawyer can assist parents in submitting an appeal and gaining the compensation they deserve against those who are responsible for the impairment of their child.

Medical professionals aren't always able of determining the root of birth defects, however a large number can be attributable to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals at the workplace, such as glycolethers and solvents utilized in semiconductor manufacturing, and agricultural chemicals for pesticides and spraying crops.

Manufacturers and those who prescribe medication are also obliged to inform people about the dangers. A large portion of these drugs are offered to women who are pregnant without warnings about the risk of birth defect. This is particularly true for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases involving the occurrence of birth defects that result from parental exposure to toxic chemicals such as the ones used in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.