birth defect Lawsuit Defect Litigation

Parents want perfect children However, some injuries occur beyond their control. If these injuries require special care and costly procedures, it can leave families with huge expenses.

A New York birth defect attorney can assist parents who are grieving and file an action to receive compensation for future expenses. The law has strict time limitations on when a claim may be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks that come with childbirth and pregnancy. However birth defects and injuries continue to occur. When they are preventable, families should consider their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any point in the labor and delivery procedures. Medical professionals may also be negligent after the birth of a baby by failing to provide the correct treatment.

In general, the statutes of limitations in these cases is 2.5 years from the date of the medical mistake. This time period can be extended for infants. However, it is important to seek legal advice early enough to ensure that all evidence is gathered and that a timely claim be filed.

A lawsuit can be filed on behalf of a child for birth defects caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can look into these claims and prosecute them on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit, parents should look for the following characteristics:

Medical Malpractice

Birth defects can lead to a variety of physical and mental problems. Some of them could be fatal. Some of these problems may be genetic and others may be caused by environmental exposures or prescription drugs used during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects by their actions or inaction. These cases typically involve medical negligence during the birth or labor process. They can also be a result of any do something that is below the standard of medical care, such as failing to recognize an illness or prescribing incorrect medication during pregnancy.

One such type of case involves a medication called teratogens, which can cause serious birth defects. In the course of pregnancy, doctors generally advise women to avoid taking this medication, which is used in the treatment of seizures. If a woman who is pregnant is exposed to this medication, she must make an insurance claim.

It is essential to select an attorney who has expertise in these kinds of cases. Find a firm that is experienced in this area and operates on an hourly basis, which means you don't pay anything unless you are successful. Also, search for an attorney with excellent communication and negotiation abilities. This will ensure that you file your claim before the time for filing expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to test their products thoroughly and warn consumers of any potential risks. Sadly, some pharmaceutical companies fail to keep up with the latest research or anticipate potential side consequences. In addition, doctors can prescribe dangerous medications to their patients, and some women do not receive the correct information regarding the risks associated with taking certain drugs during pregnancy. These drugs, also known as teratogens, may cause birth defects such as spina-bifida that can occur in the fetus.

Other substances that can cause birth defects are chemicals used in agriculture and manufacturing in addition to heavy metals, like mercury, which are contaminating the groundwater and air. Diane Paolicelli's legal career is dedicated to fighting powerful corporations who expose women to harmful chemicals and substances that may cause harm to their reproductive health and lead to birth defects.

When filing an action against the parties who are responsible for your child's illness, it is important to gather as much evidence as possible. This includes ultrasound scans, blood tests, and medical bills that arose as a result of the birth defect. This information can help attorneys determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxiety-inducing experiences in women's lives. It's also a time where medical professionals can make mistakes that result in birth defects. An experienced attorney can help parents make a claim against those responsible for their child's condition and acquire the proper compensation they're entitled to.

Although the causes of birth defects are often unknown to medical professionals, a significant number can be attributed with exposure to chemicals or the environment. This can include parental exposure to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying for crops and pesticides.

Manufacturers and those who prescribe medicines must also warn the public about the dangers of their products. Yet, a large percentage of these drugs are offered off-label to women of childbearing age without adequate warnings about the risk of birth defects. This is especially the case with 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. He concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals by parents such as those that are employed in semiconductor manufacturing or agricultural. He graduated of the American University in Washington, D.C. and Suffolk University Law School.