Birth Defect Litigation

Some injuries are beyond the parents or their control. Families may be left with a huge bill when injuries require costly procedures and special care.

A New York birth defect lawsuit defect attorney can help parents who are in shock file an action to receive compensation for future expenses. The law has strict deadlines for when claims can be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks associated with pregnancy and childbirth. However, birth defects and injuries do occur. Families should consider their legal options if they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any time during labor, birth and pregnancy. In addition, medical professionals can commit medical malpractice following the birth of a baby by failing to provide the proper treatment.

Generally, the time-limit for these cases is 2.5 years from when the act was committed of medical negligence. For infants, this is sometimes extended. It is essential to talk with an attorney early enough to ensure that all evidence is collected 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. Lawyers specially trained in Birth Defect Law Firms defects can investigate and bring these cases on behalf of the family.

When choosing an attorney to represent them in a birth defect or birth injury lawsuit parents should consider the following qualities:

Medical Malpractice

Birth defects can lead to a wide range of mental or physical issues. Certain birth defects could cause death. Some of these problems are caused by genetics, while others are caused by exposure to the environment or the use of prescription drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice if they cause a birth defect through their actions or inaction. The majority of these cases are due to medical negligence during delivery or labor. They can also be a result of any do something that is below the standard of medical care, like, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One of these cases involves the teratogens. These drugs can result in serious birth defects. In the course of pregnancy, doctors generally recommend women not to take this medication, which is commonly used to treat seizures. If a woman is exposed to the drug it is recommended that she make a claim.

It is important that you select an attorney with expertise in these kinds of cases. You should look for an attorney who has expertise in this area and is on contingency, which means you won't have to pay anything until you are successful. Look for an attorney who has excellent communication and negotiation skills. This will help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

Drug manufacturers are required to adequately test their products and warn consumers of any risks. Unfortunately certain pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate potential side effects. Moreover, doctors may prescribe dangerous drugs to patients as well as some women do not receive the correct information regarding the dangers of taking certain medications during pregnancy. These drugs are known as teratogens and can cause birth defects in the fetus, such as spina bifida.

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

It is important to collect as much evidence as you can before filing a lawsuit against the parties responsible. Included in this are ultrasound images as well as blood tests and medical bills that are incurred due to. This information helps the attorney to determine the worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking experiences a woman can go through in her life. It's also the time when many medical professionals can make mistakes that lead to birth defects. A reputable attorney can assist parents in filing an action and obtaining the money they deserve from those responsible for the disability of their child.

Medical experts aren't always able of determining the exact cause of birth defects, however most of them can be due to environmental or chemical exposure. This can include parental exposure to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

Additionally, the manufacturers and the people who prescribe prescription medications have a responsibility to warn people about the risks. A majority of these medications are sold to women who are pregnant, without warnings of the potential for birth defect. This is especially true for antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases involving the occurrence birth defects resulting from parental exposure to toxic chemicals such as the ones used in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.