Birth Defect Litigation

Some injuries are beyond the parents or their control. When injuries require specialized treatment and costly procedures, it can cause families to incur huge costs.

A New York birth defect lawyer can assist parents in filing claims and receive compensation to cover future expenses. However, the law puts strict deadlines when a claim needs to be filed.

Statute of limitations

Modern medical technology and advancements in medical science have made it possible to reduce the risks related to pregnancy, childbirth and birth. However birth defects and injuries continue to occur. When they are preventable, families need to explore their legal options.

Many birth defect lawsuits are made on the basis of allegations of medical malpractice that occurred. These cases may involve errors made by nurses or doctors staff at any stage of labor, pregnancy and birth. Medical professionals can also be guilty of malpractice following the birth of a baby in the event that they fail to provide appropriate treatment.

Generally, the statute of limitations in these cases is generally 2.5 years from the date of the act of medical negligence. For infants, this period can be extended. It is important to consult an attorney early enough to ensure that all evidence is gathered and that a timely complaint be filed.

In addition to medical malpractice, a suit may also be filed on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

Parents should consider the following qualities when selecting an attorney to represent them in a lawsuit involving birth defects or injuries:

Medical Malpractice

Birth defects can cause a variety of mental and physical ailments. Some may even be fatal. Some of these issues may be caused by genetics and others may be caused through exposure to the environment or prescription medications taken during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects through their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they could also include any act or failure to act in excess of the medical standard of care, such as failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One example of this type of situation is a drug known as teratogens, which could cause serious birth defects. Doctors usually 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 medication, she must file a claim.

It is important that you select an attorney who has experience in these types of cases. Find a firm that has a specialization in this area, and works on an hourly basis, which means you won't have to pay a dime unless you get the case won. Find an attorney who has outstanding negotiation and communication skills. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require costly medical treatment and accommodations for the child. Most often, these disorders are genetic, however some can be caused by chemical or environmental exposure, or by medications the mother took during pregnancy.

Pharmaceutical companies are required to test their products properly and inform the public of any potential risks. Unfortunately, some pharmaceutical companies do not keep up with research or anticipate the potential adverse effects. Moreover, doctors may prescribe dangerous drugs to patients, and some women do not have adequate information about the risks of taking certain drugs during pregnancy. These medications are referred to as teratogens. They may cause birth defects in the fetus, including spina Bifida.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury, which can contaminate groundwater or air. Diane Paolicelli's legal career has been focused on fighting powerful corporations who expose women to harmful chemicals and substances that can affect their reproductive health or cause birth defect attorneys defects.

If you decide to file an action against the parties accountable for your child's condition It is crucial to gather the most evidence you can. Included in this are any ultrasound images or blood tests, as well as medical bills that are incurred due to. This will help the attorney determine the financial value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. It's also a time when medical professionals are prone to making mistakes that lead to birth defects. A top attorney can assist parents in filing an action and obtaining the money they deserve from those responsible for the disability of their child.

While the causes of birth defects are usually not understood by medical professionals however, many of them can be attributed to exposure to chemicals or environmental factors. 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 in spraying crops and pesticides.

Furthermore, manufacturers and those who prescribe prescription drugs have a responsibility to warn consumers of the dangers. However, a significant portion of these drugs are marketed off-label to women who are pregnant age without warnings regarding the risk of birth defects. This is especially applicable to 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 is centered around cases involving the occurrence of birth defects that result from exposure of parents to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C. and Suffolk University Law School.