Birth Defect Litigation

Some injuries are out of the parents' control. When these injuries require special medical attention and expensive procedures, it could result in huge costs for families.

A New York birth defect lawyer can assist parents who are shocked to file an action and receive compensation to cover the cost of future expenses. The law has strict time limitations on when a claim can be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks associated with childbirth and pregnancy. Birth defects and injuries continue to occur. Families need to consider their legal options when they can be prevented.

Many birth defect lawsuits are based on claims of medical malpractice. These cases could involve mistakes committed by nurses or doctors at any time during pregnancy, labor and delivery processes. Medical professionals can also be negligent after the birth of a baby if they fail provide proper 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, the time can be extended. However, it is important to seek legal counsel as soon as possible to ensure that all evidence is collected and that a timely claim be filed.

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

Parents should consider the following qualities when selecting an attorney to represent them in a suit for birth defect or injury:

Medical Malpractice

Birth defects can cause various mental and physical issues. Certain birth defects could cause death. Certain of these problems could be caused by genetics while others are triggered by exposure to environmental factors or prescription medications used during pregnancy.

A doctor or medical professional may be accused of malpractice when they cause birth defect attorneys defects due to their actions or inaction. The majority of these cases are based on medical negligence in delivery or labor. However, they could also be a result of any action or failure to act that is not in the range of a medical standard of care, like not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One example involves teratogens. These medications can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug she must file a claim.

It is crucial to select an attorney who is experienced in handling these types of cases. Look for a law firm that is specialized in this field and operates on an hourly basis, which means there is no cost unless you win. Look for an attorney with an excellent ability to communicate and negotiate. This will help ensure that you submit your claim before the time for filing expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities, which require expensive medical care and accommodations for the child. These conditions are often genetic, but they can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and inform the public of any risks that could be present. Sadly some pharmaceutical companies fail to keep up with the latest research or foresee potential side consequences. Certain doctors prescribe dangerous drugs to their patients, and birth defect lawyers some women are not aware of the risks of taking certain medications while pregnant. These drugs, also known as teratogens, can cause birth defects such as spina-bifida, which is a birth defect in the fe.

Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury, which can contaminate groundwater or air. Diane Paolicelli's legal profession has been focused on combating powerful corporations that expose women to harmful chemicals and substances that may damage their reproductive health or cause birth defects.

If you decide to file lawsuits against the parties responsible for your child's condition it is essential to gather as much evidence as you can. Included in this are any ultrasound images, blood tests, and medical bills incurred due to. This assists the attorney in determining the worth of the case.

Product Liability

Pregnancy is among the most exciting, and nerve-wracking experiences in women's lives. But it's also a time where medical professionals often make mistakes that can lead to birth defects. An experienced attorney can help parents file a claim against those accountable for their child's handicap and obtain the compensation they deserve.

Medical experts aren't always able of determining the causes of birth defects, however most of them can be attributable to environmental or chemical exposure. This could include exposure of parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

The pharmaceutical companies and those who prescribe medicines must also warn people about the dangers. Yet, a large percentage of these drugs are marketed off-label for women of childbearing age without warnings regarding the risk of birth defects. This is particularly the case with 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 where birth defects result from exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing or farming. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.