Birth Defect Litigation

Parents want perfect babies However, some injuries occur outside of their control. If these injuries require special treatment and expensive procedures, it can result in huge costs for families.

A New York birth defect lawyer can assist parents in filing an action and receive compensation to cover future costs. However, the law puts strict time limitations on the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advances have aided in reducing the risks associated with pregnancy, childbirth and birth. Birth defects and injuries do still occur. Families must consider their legal options when they are preventable.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve mistakes committed by nurses or doctors staff at any stage of the birth process, including labor and pregnancy. Additionally medical professionals may be guilty of medical malpractice following the birth of a child, in the event that they fail to provide proper care.

Generally speaking, the time limit for these cases is generally 2.5 years from when the act was committed of medical negligence. For infants, the time is sometimes extended. It is important to consult a lawyer as soon as you can to ensure that all the evidence is collected, and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of an infant for birth defects that result from wrongful toxic and chemical exposures that occur during a mother's pregnancy. Lawyers specially trained in birth defect lawsuit defects can look into these claims and prosecute them on behalf of the family.

Parents should think about the following factors when choosing an attorney to represent them in a lawsuit for birth defects or injuries:

Medical Malpractice

birth defect lawsuit defects can cause numerous mental or physical issues. Some of them can be fatal. Some of these problems may be genetic while others are triggered by exposure to environmental factors or prescription drugs taken during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defects through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. They can also be a result of any do something that is below the standard of medical care, such as, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One example involves the teratogens. These drugs can cause serious birth defects. Doctors generally 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 submit an insurance claim.

It is important to select an attorney who has experience in handling these kinds of cases. It is best to choose a firm that has years of experience in this field and works on contingency, so you won't have to pay anything until you are successful. Also, search for a lawyer who has excellent negotiation and communication skills. This will ensure that you submit your claim before the statute of limitations expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. These issues are often caused by genetics, but can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to adequately test their products and warn consumers of any risks. Sadly many pharmaceutical companies fail to keep up with research or foresee potential side effects. Moreover, doctors may prescribe dangerous medicines to their patients and some women do not receive adequate information on the risks of taking certain medications during pregnancy. These drugs, known as teratogens, can cause birth defects, like spina-bifida that can occur in the fetus.

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

If you are filing lawsuits against the parties that are accountable for your child's health It is crucial to gather as much evidence as you can. This includes any ultrasound images, blood tests and medical bills that arise due to the birth defect. This information can help the attorney to determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxiety-inducing experiences in a woman's lifetime. However, it's also a time when many medical professionals make mistakes that can lead to birth defects. A top attorney can assist parents in filing an action and obtaining the compensation they deserve against those who are responsible for the impairment of their child.

Medical experts aren't always able of determining the specific cause of birth defects, but most of them can be attributed to chemical or environmental exposure. This may include contact by parents with toxic chemicals in the workplace, for example glycol ethers and solvents that are used in semiconductor manufacturing, and agricultural chemicals used for pesticides as well as spraying crops.

Manufacturers and those who prescribe medication are also required to inform the public about the dangers of their products. A large number of these medications are sold to women who are expecting without warnings of the possibility of birth defect. 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 lawsuits against pharmaceutical and chemical companies. His practice focuses on cases that involve the occurrence of birth defects caused by exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C., and Suffolk University Law School.