Birth Defect Litigation

Some injuries are beyond the parents or their control. If injuries that result from these accidents require special treatment and expensive procedures, it could cause families to be faced with massive costs.

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

Statute of Limitations

Modern technology and medical advancements have helped reduce the risks associated with childbirth and pregnancy. birth defect law firm defects and injuries still occur. If they can be prevented, families should consider their legal options.

Many birth defect suits are made on the basis of claims of medical malpractice. These cases can involve errors committed by nurses or doctors at any time during the birth, labor and delivery processes. Medical professionals can also commit malpractice after the birth of a child by failing to provide the correct treatment.

In general, the statutes of limitations for these cases is 2.5 years after the date of the medical mistake. For infants, this period may be extended. It is nevertheless important to seek legal counsel as soon as you can to ensure that all evidence is collected and that a timely claim be filed.

A lawsuit can be filed on behalf of a child for birth defects that are caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

When choosing an attorney for a birth injury or defect lawsuit parents should be looking for the following characteristics:

Medical Malpractice

Birth defects can cause numerous mental or physical issues. Certain birth defects can cause death. Some of these issues are caused by genetics, while others are caused by exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional could be accused of misconduct in the event of causing birth defects by their actions or inaction. These cases are usually based on medical negligence during delivery or labor. They can also be a result of any be in compliance with a standard of medical care, such as the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One instance of situation is a drug called teratogens. This medication can cause serious birth defect lawyers defects. When pregnant, doctors usually advise women to avoid taking this medication, which is utilized in the treatment of seizures. If a pregnant woman is exposed to this medication, she must submit a claim.

It is important to choose an attorney who is experienced in handling these kinds of cases. You should seek out an attorney who has experience in this field and works on contingency, so you won't be charged any fees until you win. Also, you should look for a lawyer with strong negotiation and communication abilities. This will help to ensure that you file your claim before the time for filing expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require expensive medical care and accommodations for the child. Most often, these disorders are genetic, however some can be caused by environmental or chemical exposure, or the medications the mother took while pregnant.

Drug makers are required to test their products thoroughly and inform the public of any risks that could be present. Sadly certain pharmaceutical companies fail to keep up with the latest research or foresee potential side effects. 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 medications during pregnancy. These medications are referred to as teratogens. They can cause birth defects in the fetus including spina Bifida.

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

It is crucial to gather as all evidence you can before filing a lawsuit against the parties accountable. This includes any blood tests, ultrasound images, and medical bills that came up because of the birth defect. This information helps the attorney determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, and anxious experiences of women's lives. But it's also a period when medical professionals can make mistakes that can lead to birth defects. A reputable attorney can assist parents in filing a claim and obtaining the compensation they deserve from those responsible for the disability of their child.

Medical experts aren't always able to determine the exact cause of birth defects, but the majority of them can be attributed to chemical or environmental exposure. This can include parental contact with toxic chemicals at the workplace, such as glycolethers and solvents utilized in semiconductor manufacturing, as well as agricultural chemicals for pesticides and crop spraying.

The manufacturers and the people who prescribe medicines also have a duty to warn the public about their risks. A large portion of these drugs are offered to women who are pregnant without warnings of the possibility of birth defects. This is especially the case with 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. His practice focuses on cases involving the occurrence birth defects caused by exposure of parents to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C., and Suffolk University Law School.