Birth Defect Litigation

Parents want perfect children However, some injuries occur outside of their control. Families could be faced with huge debts when these injuries require expensive procedures and special care.

A New York birth defect attorney can help parents who are shocked to file an action to receive compensation for future expenses. The law has strict deadlines for when claims can be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks associated with pregnancy and childbirth. Birth defects and injuries remain a possibility. Families need to explore their legal options if they are preventable.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve errors committed by nurses or doctors at any point during the birth, labor and delivery procedures. Medical professionals may also be negligent after the birth of a child when they fail to provide the proper treatment.

Generally, the statute of limitations in these cases is 2.5 years from the date of the occurrence of medical malpractice. For infants, the time can be extended. It is essential to talk with a lawyer early enough to ensure that all evidence is gathered and that a timely complaint can be filed.

A lawsuit can be filed on behalf of a baby for birth defects caused by toxic and chemical exposures during the pregnancy. Specially trained birth defect lawyers can investigate and bring these cases 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 characteristics:

Medical Malpractice

birth defect attorneys defects can cause an array of mental or physical ailments. Some of them can be fatal. Some of these problems are inherited, whereas others are due to environmental exposures or the use of prescription drugs during pregnancy.

A medical professional or doctor could be accused of misconduct when they cause birth defects through their actions or inaction. These cases typically involve medical negligence during labor or delivery. However, they can include any act or inability to act that is not in the range of the medical standard of care, like failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One example involves teratogens. These medications can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must submit a claim.

It is essential to select an attorney who has handled these types of cases. Find a firm that has a specialization in this area, and works on an on a contingency basis, meaning you won't have to pay a dime unless you succeed. Look for an attorney who has an excellent ability to communicate and negotiate. This will help ensure that you submit your claim before the time for filing expires.

Prescription Drugs

A lot of birth defects can cause mental or physical disabilities, which require expensive medical care and accommodations for the child. The majority of these problems are inherited, but a few of them can be caused by chemical or environmental exposure or medication that the mother consumed during pregnancy.

Drug manufacturers are required to test their products thoroughly and inform the public of any risks that could be present. Unfortunately some pharmaceutical companies don't keep up-to-date with current research or fail to anticipate possible side consequences. Moreover, doctors may prescribe dangerous drugs to their patients, and some women do not receive adequate information on the dangers of taking certain drugs during pregnancy. These drugs, referred to as teratogens, may cause birth defects, including spina-bifida, in the fetus.

Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, as well as heavy metals such as mercury that affect groundwater or the air. Diane Paolicelli's career in law has been dedicated to fighting powerful corporations that expose women to toxic chemicals and substances that may damage their reproductive health or lead to birth defects.

It is important to collect as much evidence as you can prior to filing a suit against the parties accountable. Included in this are any ultrasound images and blood tests as well as medical bills incurred as a result. This information can help the attorney assess the worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. It's also a time when medical professionals make mistakes that cause birth defects. A reputable attorney can assist parents in submitting an action and obtaining the amount they deserve from those who are responsible for the impairment of their child.

Medical experts are not always able determine the specific cause of birth defects, but most of them can be due to environmental or chemical exposure. 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.

The pharmaceutical companies and those who prescribe medications must also inform the public about the risks. However, a lot of these drugs are sold off-label for women of childbearing age, without warnings about the potential for birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and Birth defect lawsuits chemical companies. His practice is centered around cases that involve the occurrence of birth defects caused by exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.