Birth Defect Litigation

Parents want perfect babies However, some accidents happen outside their control. If these injuries require special care and costly procedures, it can cause families to incur huge costs.

A New York birth defect lawyer can assist parents who are stunned to file a claim and get compensation to cover future expenses. However, the law puts strict time limitations on when a claim must be filed.

Statute of Limitations

Modern technology and medical advancements have reduced the risks associated with pregnancy, childbirth and birth. Birth defects and injuries still occur. Families need to consider their legal options when they can be prevented.

Many birth defect lawsuits are made on the basis of accusations of medical malpractice. These cases may involve errors made by nurses or doctors staff at any stage of labor, pregnancy and birth. Additionally, medical professionals can commit medical malpractice following the birth of a baby in the event that they fail to provide proper care.

In general the statute of limitations for these cases are 2.5 years after the date of the medical error. For infants, this period can be extended. It is nevertheless important to seek legal advice as soon as possible to ensure that all evidence is gathered and that a timely claim be filed.

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

Parents should think about 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 of them may even be fatal. Some of these problems are caused by genetics, while others are caused by exposure to the environment or the use of prescription medications during pregnancy.

A doctor or medical professional may be accused of malpractice when they cause birth defects due to their actions or inaction. The majority of these cases are caused by medical negligence during labor or delivery. They can also be a result of any act of failure to act which falls below a standard of medical care, for example not diagnosing an illness or prescribing incorrect medication during pregnancy.

One such type of situation involves a drug called teratogens. This medication can cause birth defects that are serious. 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 drug, she should file a claim.

It is essential to select an attorney with experience handling these types of cases. It is best to choose an attorney who has years of experience in this field and is on contingency, which means you won't be charged any fees until you win. Additionally, you should choose an attorney with excellent negotiation and communication skills. This will help to ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

A variety of birth defects cause physical or mental disabilities that require costly medical treatment and accommodations for the child. Often, these conditions are inherited, but a few of them are caused by environmental or chemical exposure or medication that the mother consumed during pregnancy.

Drug manufacturers are required to ensure that their products are tested properly and inform the public about any risks that could be present. Unfortunately certain pharmaceutical companies fail to keep up with the latest research or anticipate possible side consequences. Furthermore, doctors may prescribe dangerous medications to their patients, and some women do not receive adequate information on the risks of taking certain drugs during pregnancy. These drugs are referred to as teratogens. They can cause birth defects in the fetus, such as spina Bifida.

Other substances that may cause birth defects include chemicals that are used in manufacturing and agriculture as well as heavy metals like mercury that are contaminating air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and substances that damage their reproductive health and lead to birth defects.

If you are filing an action against the parties that are accountable for your child's health It is crucial to gather as much evidence as you can. Included in this are any ultrasound images and blood tests as well as medical bills that are incurred as a result. This allows the attorney to determine the financial worth of the case.

Product Liability

Pregnancy can be one of the most exciting, and stressful experiences in a woman's lifetime. However, it's also a time where medical professionals often make mistakes that could cause birth defects. A top attorney can help parents bring a lawsuit against those accountable for their child's handicap and receive the proper compensation they're entitled to.

Although the causes of birth defects are typically unknown to medical experts however, a significant proportion can be linked with exposure to chemicals or the environment. This could include exposure of parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying for crops and pesticides.

The manufacturers and the people who prescribe medication must also warn the public about the dangers of their products. A large portion of these drugs are offered to women who are pregnant, without warnings of the possibility of birth defects. This is particularly applicable to antidepressants, such as Prozac and Zoloft.

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