Birth Defect Litigation

Parents want perfect children However, some accidents happen outside of their control. Families can be left with a huge bill when injuries require expensive procedures and special treatment.

A New York birth defect lawyer can assist parents who are shocked to file an action and receive compensation to pay for future expenses. However, the law has strict deadlines for when a claim needs to be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries still occur. If they can be prevented, families need to explore their legal options.

Many birth defect lawsuits are stemming from allegations of medical malpractice that occurred. These cases can involve errors made by doctors or nurses at any time during labor and delivery processes. Additionally medical professionals may be guilty of medical malpractice after the birth of a child if they fail to provide the correct treatment.

Generally, the time limit for these cases is 2.5 years from when the act was committed of medical malpractice. For infants this can be extended. But, it is crucial to seek legal counsel early enough to ensure that all evidence has been collected and that a timely claim be filed.

A lawsuit can be filed on behalf of a child in relation to birth defects that are caused by toxic and chemical exposures during the pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

Parents should consider the following qualities when selecting an attorney to represent them in a lawsuit for birth defect or injury:

Medical Malpractice

Birth defects can trigger an array of mental or physical ailments. Some of them may even be fatal. Some of these issues are genetic, but others are caused by environmental exposures or the use of prescription drugs during pregnancy.

A medical professional or doctor may be accused of negligence in the event of causing a birth defect through their actions or inaction. These cases typically involve medical negligence during labor or delivery. They can also be a result of any be in compliance with a standard of medical treatment, for instance failing to recognize an illness or prescribing the wrong medication during pregnancy.

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

It is important that you choose an attorney with expertise in these kinds of cases. You should look for an attorney who has years of experience in this field and operates on contingency basis, which means you won't have to pay nothing until you win. Find an attorney who has excellent communication and negotiation skills. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. These disorders are usually caused by genetics, but 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 certain pharmaceutical companies fail to keep up with the latest research or fail to anticipate possible adverse consequences. Additionally, doctors can prescribe dangerous drugs to patients, and some women do not receive the correct information regarding the risks of taking certain medications during pregnancy. These drugs, also 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 include chemicals that are used in manufacturing and agriculture in addition to heavy metals like mercury, which are contaminating the groundwater or air. Diane Paolicelli's career in law has been focused on combating powerful corporations that expose women to toxic chemicals and substances that can affect their reproductive health or lead to birth defects.

When bringing lawsuits against the people that are accountable for your child's health, it is important to gather the most evidence you can. Included in this are ultrasound images as well as blood tests and medical bills that are incurred as a result. This will help the attorney determine the financial value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful times in a woman's life. It's also a time where medical professionals are prone to making mistakes that cause birth defects. A top attorney can assist parents in submitting an appeal and gaining the money they deserve from those responsible for the disability of their child.

Medical experts aren't always able of determining the root of birth defects, however the majority of them can be attributable to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals at the workplace, for example glycol ethers and solvents used in semiconductor manufacturing, and chemical pesticides used in agriculture and spraying of crops.

The pharmaceutical companies and those who prescribe medicines also have a duty to inform the public about the risks. A large portion of these drugs are marketed to women who are pregnant without warnings of the potential for birth defect. This is especially relevant for antidepressants like Prozac and Zoloft.

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