Birth Defect Litigation

Parents want perfect children However, some injuries occur outside of their control. Families may be left with a huge bill when injuries require expensive procedures and specialized care.

A New York birth defect lawyer can assist parents who are stunned to file an action and lawsuit receive compensation to cover future expenses. The law has strict time limits for when claims can be filed.

Statute of Limitations

Modern medical technology and advancements in medical science have aided in reducing the risks associated with childbirth, pregnancy and birth. However birth defects and injuries still occur. Families should consider their legal options if they can be prevented.

Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any point during the pregnancy, labor and delivery procedures. Additionally medical professionals may be guilty of medical malpractice after the birth of a child, by failing to provide proper care.

Generally speaking, the time limit for these cases is 2.5 years from the date of the occurrence of medical negligence. For infants, the time period may be extended. It is essential to talk with an attorney early enough to ensure that all the evidence is gathered and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects that result from wrongful exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

When choosing an attorney for a birth defect or birth injury lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can cause an array of mental or physical problems. Some of them may even be fatal. Some of these problems are inherited, while others are caused by exposure to the environment or the use of prescribed drugs during pregnancy.

A doctor or medical professional could be accused of misconduct if they cause birth defects due to their actions or inaction. Most cases involve medical negligence during labor or delivery. However, they can include any act or inability to act in excess of a medical standard of care, such as failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One such type of situation involves a drug called teratogens. This medication 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 make a claim.

It is essential to choose an attorney with prior experience in these types of cases. You should choose an attorney who has extensive experience in this field. It also is on contingency, which means you won't be charged anything until you are successful. Choose an attorney with an excellent ability to communicate and negotiate. This will help ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities that require costly medical treatment and accommodations for the child. These issues are often genetic, lawsuit but they may also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and warn consumers about any potential risks. Unfortunately, some pharmaceutical companies do not keep up-to-date with the latest research or fail to anticipate potential adverse effects. Certain doctors prescribe dangerous medications to their patients, and some women are not informed about the dangers associated with taking certain medications during pregnancy. These drugs, referred to as teratogens may cause birth defects, such as spina-bifida, in the fetus.

Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury which pollute groundwater and air. Diane Paolicelli's legal career has been focused on fighting powerful corporations that expose women to harmful chemicals and substances that can cause harm to their reproductive health and cause birth defects.

When bringing a lawsuit against the parties accountable for your child's condition It is crucial to gather as much evidence as you can. This includes blood tests, ultrasound images and medical bills that arise because of the birth defect. This allows the attorney to determine the monetary value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking events in a woman's lifetime. However, it's also a time where many medical professionals make mistakes that could cause birth defects. An experienced attorney can assist parents bring a lawsuit against those responsible for their child's disability and receive the compensation they deserve.

Medical experts aren't always able to pinpoint the root of birth defects, but many of them can be caused by environmental or chemical exposure. This may include contact by parents with toxic chemicals at the workplace, for example glycol ethers and solvents used in semiconductor manufacturing, and agricultural chemicals used for pesticides as well as crop spraying.

Furthermore, manufacturers and those who prescribe prescription medicines have a responsibility to warn people of their risks. A large number of these drugs are offered to women who are pregnant, without warnings about the risk of birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect attorney defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases involving the development of birth defects resulting from exposure of parents to toxic chemicals such as those in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.