Birth Defect Litigation

Certain injuries are beyond the parents of their control. When these injuries require special care and costly procedures, it can leave families with huge expenses.

A New York birth defect attorney can assist parents who are grieving and file an action to receive compensation for future expenses. However, the law places strict deadlines on when a claim should be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks associated with childbirth and pregnancy. However birth defects and injuries do occur. If they're preventable, families need to explore their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes made by doctors or nurses at any point in the pregnancy, labor and delivery procedures. Medical professionals may also be negligent after the birth defect law firms of a child in the event that they fail to provide appropriate treatment.

In general, the statutes of limitations for these cases is 2.5 years from the date of the medical mistake. For infants, the time period can be extended. However, it is important to seek legal advice early enough to ensure that all evidence is collected and that a timely claim be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects caused by wrongful exposure to chemicals and toxic substances that occur during the mother's pregnancy. Lawyers specially trained in birth defects can look into these claims and bring them to trial on behalf of the family.

When selecting an attorney for a birth defect lawsuits injury or defect lawsuit, parents should look for the following characteristics:

Medical Malpractice

Birth defects can cause a wide range of mental or physical problems. Certain birth defects can be fatal. Some of these problems may be caused by genetics while others are caused through exposure to the environment or prescription medications taken during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects due to their actions or inaction. These cases typically are caused by medical negligence during labor or delivery. However, they could also be a result of any action or failure to act that falls short of the medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One example of case involves a medication called teratogens. It can cause serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should file an insurance claim.

It is crucial to choose an attorney with previous experience in these cases. Look for a law firm that is specialized in this area and works on the basis of a contingent fee, which means there is no cost unless you succeed. Also, you should look for a lawyer who has excellent negotiation and communication abilities. This can help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects lead to physical or mental disabilities, which require costly medical care and accommodations for the child. Often, these conditions are inherited, but a few can be caused by chemical or environmental exposure, or medications that the mother took while pregnant.

Drug manufacturers are required to test their products thoroughly and warn the public of the potential dangers. Unfortunately certain pharmaceutical companies don't keep up with the latest research or fail to anticipate possible side consequences. Moreover, doctors may prescribe dangerous drugs to patients and women may not receive the correct information regarding the risks associated with taking certain medications during pregnancy. These drugs, known as teratogens, may cause birth defects such as spina-bifida, which is a birth defect in the fe.

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

It is crucial to gather as much evidence as you can prior to making a claim against the parties responsible. Included in this are ultrasound images or blood tests, as well as medical bills that are incurred due to. This information can help the attorney assess the value of the case.

Product Liability

Pregnancy can be one of the most exciting, yet nerve-wracking experiences in the life of a woman. It's also a time where medical professionals often make mistakes that can lead to birth defects. A top lawyer can help parents file a claim against those responsible for their child's disability and acquire the amount of compensation they deserve.

Medical experts are not always able to pinpoint the causes of birth defects, however most of them can be attributable to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals in the workplace, such as glycolethers and solvents utilized in semiconductor manufacturing, and chemical pesticides used in agriculture and spraying of crops.

The manufacturers and the people who prescribe medication also have a duty to inform the public about the risks. A large number of these medications are sold to women who are pregnant without warnings of the potential for birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases involving the development 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.