Birth Defect Litigation

Some injuries are out of the parents' control. When injuries require specialized medical attention and expensive procedures, it could result in huge costs for families.

A New York birth defect lawyer can assist parents who are stunned to file a claim and get compensation to cover future expenses. However, the law has strict time limitations on when a claim needs to 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 injuries do occur. Families must consider their legal options if they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any time during labor and birth processes. Medical professionals can also be negligent following the birth of a baby when they fail to provide the proper treatment.

In general the statute of limitations in these cases is 2.5 years from the date of the medical error. This time frame can be extended to infants. It is important to consult a lawyer early enough to ensure that all evidence is gathered, and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of an infant for birth defects caused by improper exposure to chemicals and doo.fr toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

When selecting an attorney for a birth injury or defect lawsuit parents should consider the following qualities:

Medical Malpractice

Birth defects can lead to various mental and physical issues. Some may even be fatal. Some of these problems are inherited, while others are caused by exposure to environmental factors or the usage of prescribed drugs during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defects due to their actions or inaction. These cases typically involve medical negligence during labor or delivery. They can also be a result of any act of failure to do something that is below the standard of medical treatment, for instance not diagnosing an illness or prescribing incorrect medication during pregnancy.

One such type of case is a medication called teratogens. This medication can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should make a claim.

It is essential to choose an attorney who has expertise in these kinds of cases. Look for a law 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 get the case won. Also, search for a lawyer with strong negotiation and communication abilities. This will help to ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities which require costly medical care and accommodations for the child. These disorders are usually genetic, but can also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and inform the public of any potential risks. Unfortunately certain pharmaceutical companies fail to keep up with the latest research or foresee potential side effects. Moreover, doctors may prescribe dangerous drugs to patients and some women do not get proper information about the risks of taking certain medications during pregnancy. These medications, also known as teratogens can cause birth defects, including spina-bifida, in the fetus.

Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury, which can contaminate groundwater or air. Diane Paolicelli's career in law has been focused on fighting powerful corporations who expose women to toxic substances and chemicals that can cause harm to 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 crucial to gather as much evidence as possible. Included in this are ultrasound images as well as blood tests and medical bills that are incurred as a result. This helps the attorney establish the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, and anxious experiences of the life of a woman. However, it's also a time when medical professionals can make mistakes that can cause birth defects. A top lawyer can help parents bring a lawsuit against those who are responsible for their child's disabilities and obtain the proper compensation they're entitled to.

Medical experts are not always able determine the root of birth defects, but a large number can be attributable to environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.

Manufacturers and those who prescribe medications are also required to inform the public about the risks. A large number of these drugs are marketed to pregnant women without warnings about the risk of birth defect. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases involving the occurrence of birth defects due to 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.