Birth Defect Litigation

Parents want perfect children however, there are some injuries that occur outside their control. Families are left with a huge bill when injuries require expensive procedures and special care.

A New York birth defect lawyer can assist parents who are stunned to file an appeal and obtain compensation to cover future costs. However, the law places strict deadlines on when a claim should be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks associated with childbirth and pregnancy. However birth defects and injuries can still occur. Families should consider their legal options when they can be prevented.

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any point during the birth, labor and delivery processes. Additionally medical professionals can be guilty of medical malpractice following the birth defect attorneys of a child when they fail to provide proper treatment.

In general, the statutes of limitations in these cases are 2.5 years after the date of the medical mistake. The time frame can be extended for infants. It is nevertheless important to seek legal counsel as soon as you can to ensure that all evidence is obtained and that a timely claim be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of an infant for birth defects resulting from improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can trigger a wide range of physical or mental problems. Some birth defects can cause death. Some of these issues are caused by genetics, while others are caused by exposure to environmental factors or the use of prescription drugs during pregnancy.

A medical professional or doctor could be accused of malpractice if they cause a birth defect through their actions or inaction. These cases typically involve medical negligence during the birth or labor process. However, they could also comprise any act or failure to act that is not in the range of a medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One example of situation is a drug called teratogens. This medication can cause serious birth defects. During pregnancy, doctors usually advise women to not take this medication, which is utilized in the treatment of seizures. If women are exposed to the drug, then she should make an action.

It is vital to select an attorney who has prior experience in these types of cases. You should look for a firm that has extensive experience in this field. It also operates on contingency basis, which means you won't have to pay nothing until you win. Look for an attorney with great negotiation and communication skills. This will help ensure that you file your claim before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require expensive medical care and accommodations for the child. Most often, these disorders are genetic, however some of them can be caused by chemical or environmental exposure, or medications that the mother was taking during pregnancy.

Drug makers are required to test their products thoroughly and inform the public about any potential risks. Sadly certain pharmaceutical companies do not keep up with the latest research or anticipate possible side consequences. Additionally, doctors can prescribe dangerous drugs to patients, and some women do not get proper information about the risks associated with taking certain medications during pregnancy. These drugs are known as teratogens and can cause birth defects in the fetus including spina Bifida.

Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury, which can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and other substances that damage their reproductive health and cause birth defects.

If you decide to file lawsuits against the parties who are responsible for your child's illness it is essential to gather as much evidence as possible. This includes any blood tests, ultrasound images, and medical bills incurred because of the birth defect. This allows the attorney to determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting and anxious experiences of women's lives. But it's also a period where many medical professionals make mistakes that could cause birth defects. An experienced attorney can assist parents make a claim against those responsible for their child's disability and acquire the compensation they deserve.

While the causes of birth defects are usually unknown to medical experts but a large proportion of birth defects can be attributed to exposure to chemicals or environmental causes. This can include parental exposure to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.

The pharmaceutical companies and those who prescribe medicines also have a duty to warn the public about their risks. Yet, a substantial portion of these drugs are sold off-label for women of childbearing age without adequate warnings about the potential for birth 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. His practice focuses on cases involving the occurrence of birth defects due to exposure of parents 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.