Birth Defect Litigation

Parents want perfect babies However, some accidents happen out of their control. Families may be left with huge debts when these injuries require costly procedures and special treatment.

A New York birth defect lawyer can assist parents in filing claims and receive compensation to cover future costs. The law has strict time limits for when claims can be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks of childbirth and pregnancy. Birth defects and injuries do remain a possibility. If they're preventable, families must explore their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve errors made by doctors or nurses at any point in the labor and delivery procedures. Medical professionals can also be negligent after the birth of a child in the event that they fail to provide appropriate treatment.

In general, the statutes of limitation for these cases are 2.5 years from the date of the medical negligence. For infants, the time period may be extended. But, it is crucial to seek legal advice as soon as possible to ensure that all evidence is obtained and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of an infant for birth defects caused by improper toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defects lawyers can investigate these claims and prosecute them on behalf of the family.

Parents should consider the following characteristics when choosing an attorney to represent them in a suit for birth defects or injuries:

Medical Malpractice

Birth defects can trigger numerous physical or mental problems. Some of them could be fatal. Some of these problems are inherited, whereas others are due to environmental exposures or the use of prescription medications during pregnancy.

A doctor or medical professional may be accused of negligence if they cause birth defects through their actions or inaction. Most 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, like failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One such type of situation involves a drug called teratogens, which 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 make an insurance claim.

It is essential to select an attorney with previous experience in these cases. You should look for an attorney with expertise in this area and operates on contingency basis, which means you don't have to pay any fees until you win. Additionally, you should choose an attorney with excellent communication and negotiation abilities. This will help ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

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

Drug manufacturers are required to test their products thoroughly and warn consumers about any risks. Unfortunately many pharmaceutical companies fail to keep up with the latest research or foresee potential side consequences. Some doctors prescribe dangerous drugs to their patients, and some women are not informed about the risks associated with taking certain drugs while pregnant. These drugs, also known as teratogens can cause birth defects, including spina-bifida in the fetus.

Other substances that can cause birth defects are chemicals employed in the production and agricultural industries in addition to heavy metals, like mercury, which are contaminating the groundwater or air. Diane Paolicelli's career in law has been dedicated to fighting powerful corporations who expose women to harmful chemicals and substances that can affect their reproductive health or cause birth defects.

If you are filing lawsuits against the parties accountable for your child's condition it is essential to gather as much evidence as you can. This includes any blood tests, ultrasound images and medical bills incurred as a result of the birth defect. This assists the attorney in determining the monetary worth of the case.

Product Liability

Pregnancy is among the most exciting and anxious experiences of the life of a woman. It's also the time that medical professionals make mistakes that can lead to birth defects. An experienced attorney can help parents in submitting a claim and obtaining the amount they deserve from those responsible for the handicap of their child.

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

Furthermore, manufacturers and those who prescribe prescription medicines have a responsibility to inform people of their risks. A large number of these drugs are offered to pregnant women without warnings about the possibility of birth defects. This is especially true for antidepressants like 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, including those used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.