Birth Defect Litigation

Parents want their children to be perfect however, there are some injuries that occur out of their control. When these injuries require special treatment and expensive procedures, it could leave families with huge expenses.

A New York birth defect lawyer can assist parents in filing claims and receive compensation to cover future costs. The law has strict time limitations on when a claim can be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks that come with childbirth and pregnancy. 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 that occurred. These lawsuits can result from mistakes made by nurses or doctors personnel at any stage of labor, birth and pregnancy. Medical professionals may also commit malpractice after the birth of a child when they fail to provide the proper treatment.

In general the statute of limitations in these cases are 2.5 years after the date of the medical mistake. This time period is extended for infants. It is important to consult an attorney whenever you can to ensure that all evidence is gathered and that a timely complaint can be filed.

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

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

Medical Malpractice

Birth defects can cause a variety of mental and physical ailments. Some birth defects may cause death. Some of these issues are caused by genetics, while others are due to exposure to environmental factors or the usage of prescription medications during pregnancy.

A medical professional or doctor could be accused of malpractice when they cause birth defects by their actions or Jenks birth defect Lawsuit inaction. The most common cases involve medical negligence during the birth or labor process. However, they can include any act or failure to act that is not in the range of a medical standard of care, like failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One example of situation involves a drug called teratogens. It can cause serious birth defects. When pregnant, doctors usually advise women to avoid taking this medication, which is used to treat seizures. If a pregnant woman is exposed to this medication, she must submit a claim.

It is crucial to select an attorney with previous experience in these cases. Choose a law firm that is experienced in this area, and works on the basis of a contingent fee, which means you won't have to pay a dime unless you succeed. Find an attorney who has great negotiation and communication skills. This will help to ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

Many Jenks birth defect lawsuit defects result in mental or physical disabilities that require expensive medical treatment and accommodations for the child. These problems are usually caused by genetics, but can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.

Pharmaceutical companies are required to test their products correctly and inform the public about any risks that could be present. Unfortunately many pharmaceutical companies fail to keep up with research or foresee potential side effects. Certain doctors prescribe dangerous drugs to their patients. Moreover, some women are not aware of the risks associated with taking certain medications while pregnant. These medications, also known as teratogens, may 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, as well as heavy metals such as mercury that pollute groundwater and air. Diane Paolicelli's legal profession has been focused on combating powerful corporations that expose women to toxic chemicals and substances that can affect their reproductive health or cause birth defects.

It is important to collect as much evidence as you can prior to filing a suit against the parties responsible. This includes ultrasound scans, blood tests and medical bills that arise because of the birth defect. This information helps the attorney to determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxious experiences of women's lives. However, it's also a time where medical professionals often make mistakes that could lead to birth defects. An experienced attorney can assist parents to file a claim against the medical professionals who are responsible for their child's disabilities and receive the amount of compensation they deserve.

Although the causes of birth defects are usually not understood by medical professionals however, a significant proportion can be attributed to exposure to chemicals or environmental causes. This could be due to contact by parents with toxic chemicals at the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing and agricultural chemicals for pesticides and crop spraying.

The pharmaceutical companies and those who prescribe medication must also inform the public about the risks. However, a significant portion of these drugs are offered off-label for women of childbearing age without warnings regarding the potential for union city birth defect lawsuit defects. This is especially applicable to antidepressants, such as Prozac and Zoloft.

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