birth defect attorneys Defect Litigation

Parents want perfect babies However, some accidents happen beyond their control. When injuries require specialized care and costly procedures, it can leave families with huge expenses.

A New York birth defect attorney can help parents in shock to file claims to obtain compensation for future expenses. The law has strict time limitations on when a claim can 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 do occur. Families need to explore their legal options when they are preventable.

Many birth defect suits are made on the basis of accusations of medical malpractice. These cases can involve mistakes made by doctors or nursing staff at any point during labor, pregnancy and birth. Medical professionals can also commit malpractice after the birth of a child when they fail to provide the proper treatment.

In general the statute of limitation for these cases is 2.5 years from the date of the medical malpractice. For infants, this time period can be extended. It is important to consult an attorney as soon as you can to ensure that all the evidence is collected, and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant for birth defects caused by wrongful toxic and chemical exposures that take place 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 injury or defect lawsuit parents should consider the following qualities:

Medical Malpractice

Birth defects can result in many mental or physical problems. Certain birth defects could be fatal. Certain of these problems could be genetic and others may be caused by environmental exposures or prescription medications used during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defects due to their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they can comprise any act or failure to act that is not in the range of the medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One example involves Teratogens. These drugs can result in birth defects that are serious. During pregnancy, doctors typically advise women to not take this medication, which is used in the treatment of seizures. If a woman is exposed to the drug, then she must file a claim.

It is important to select an attorney who has handled these kinds of cases. You should choose a firm with extensive experience in this field. It also works on contingency, so you won't have to pay any fees until you win. Look for an attorney who has excellent communication and negotiation skills. This will ensure that you submit your claim before the time for filing expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities, which require costly medical care and accommodations for the child. Most often, these disorders are genetic, but some of them are caused by chemical or environmental exposure, or the medications the mother was taking during pregnancy.

Drug makers are required to ensure that their products are tested properly and inform the public about the potential dangers. Unfortunately some pharmaceutical companies are not keeping up with the latest research or fail to anticipate potential adverse effects. Some doctors recommend dangerous drugs to their patients and some women aren't aware of the dangers associated with using certain drugs during pregnancy. These drugs are known as teratogens and may cause birth defects in the fetus, such as 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 affect groundwater or the air. Diane Paolicelli's legal career is dedicated to fighting powerful corporations that expose women to harmful chemicals and substances that can harm their reproductive health or cause birth defects.

If you are filing lawsuits against the parties responsible for your child's condition it is crucial to gather as much evidence as you can. This includes ultrasound scans, blood tests, and medical bills that came up due to the birth defect. This will help the attorney determine the monetary worth of the case.

Product Liability

Pregnancy is among the most exciting, and nerve-wracking experiences in women's lives. But it's also a period when many medical professionals make mistakes that can cause birth defects. A top lawyer can assist parents in submitting a claim and obtaining the compensation they deserve against those who are responsible for the impairment of their child.

While the causes of birth defects are usually unknown to medical experts but a large proportion of birth defects can be attributed with exposure to chemicals or the environment. This may include contact by parents with toxic chemicals in the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing, and chemical pesticides used in agriculture and spraying on crops.

The pharmaceutical companies and those who prescribe medication are also obliged to warn the public about their risks. However, a lot of these drugs are marketed off-label to women of childbearing age without adequate warnings about the possibility of birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals by parents such as those that are used in semiconductor manufacturing or farming. He is a graduate from the American University in Washington, D.C. and Suffolk University Law School.