Birth Defect Litigation

Certain injuries are beyond the parents in their control. Families can be left with a large 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 the cost of future expenses. The law has strict time limits on when a claim may be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce risks associated with pregnancy, childbirth and birth. However birth defects and injuries still occur. When they are preventable, families must explore their legal options.

Many birth defect suits are stemming from allegations of medical malpractice that occurred. These lawsuits can be based on mistakes made by nurses or doctors at any time during pregnancy, labor and delivery processes. In addition medical professionals could be guilty of medical malpractice following the birth of a baby when they fail to provide proper care.

In general, the statutes of limitations for these cases is 2.5 years after the date of the medical error. For infants, this period may be extended. However, it is essential to seek legal advice early enough to ensure that all evidence has been collected and that a timely claim can be filed.

A lawsuit may be filed on behalf of a baby for birth defects caused by toxic and chemical exposures during the pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

When choosing an attorney to represent them in a Birth defect law Firms defect or birth injury lawsuit parents should be looking for the following characteristics:

Medical Malpractice

Birth defects can cause an array of physical or mental problems. Some birth defects may be fatal. Some of these issues are inherited, while others are due to exposure to the environment or the use of prescription drugs during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects through their actions or inaction. These cases are usually caused by medical negligence during labor or delivery. They can also be a result of any other act which falls below a standard of medical care, for example failing to recognize an illness or prescribing the wrong medication during pregnancy.

One example of this type of case is a medication called teratogens, which can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug, she must submit a claim.

It is important to select an attorney with experience handling these types of cases. You should choose an attorney with years of experience in this field and is on contingency, which means you won't be charged anything until you are successful. Look for an attorney who has excellent communication and negotiation skills. This will ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, which require costly medical care and accommodations for the child. These conditions are often genetic, but they can 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 of any risks. Unfortunately, some pharmaceutical companies are not keeping up to date with the latest research or fail to anticipate possible adverse effects. Additionally, doctors can prescribe dangerous drugs to patients and some women do not have adequate information about the dangers of taking certain drugs during pregnancy. These drugs are known as teratogens and birth defect law firms may cause birth defects in the fetus including spina Bifida.

Other substances that could cause birth defects are chemicals used in manufacturing and agriculture in addition to heavy metals such as mercury that are contaminating groundwater or the air. Diane Paolicelli's career in law has been focused on fighting powerful corporations who expose women to harmful substances and chemicals that can cause harm to their reproductive health and cause birth defects.

When bringing lawsuits against the people who are responsible for your child's illness, it is important to gather the most evidence you can. This includes any ultrasound scans, blood tests and medical bills incurred as a result of the birth defect. This information assists the attorney to determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxiety-inducing experiences in the life of a woman. It's also a time where medical professionals often make mistakes that could lead to birth defects. An experienced attorney can help parents in submitting an action and obtaining the compensation they deserve from those responsible for the handicap of their child.

Medical experts aren't always able to determine the root of birth defects, but many of them can be due to environmental or chemical exposure. This can include exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.

The pharmaceutical companies and those who prescribe medication must also inform the public about the dangers of their products. However, a significant portion of these drugs are offered off-label for women of childbearing age without adequate warnings about the risk of birth defects. This is particularly true for antidepressants like 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 where birth defects are caused by exposure to toxic chemicals in the home by parents like those employed in semiconductor manufacturing or agricultural. He graduated from the American University in Washington, D.C. and Suffolk University Law School.