Birth Defect Litigation

Some injuries are out of the parents or their control. Families can be left with huge debts when these injuries require expensive procedures and specialized care.

A New York birth defect attorney can assist parents grieving and file an appeal to be compensated for future expenses. However, the law places strict deadlines the time a claim has to be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks associated with childbirth and birth defect lawsuits pregnancy. Birth defects and injuries do still occur. If they're preventable, families need to explore their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases may involve mistakes made by nurses or doctors at any time during labor and delivery procedures. Additionally, medical professionals can commit medical malpractice following the birth of a baby by failing to provide the correct treatment.

Generally, the time-limit for these cases is generally 2.5 years from the date of the act of medical negligence. For infants, the time period can be extended. It is nevertheless important to seek legal advice as soon as you can to ensure that all evidence has been collected and that a timely claim can be filed.

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

When choosing an attorney for a birth defect or birth injury lawsuit parents should look for the following qualities:

Medical Malpractice

Birth defects can result in numerous mental or physical issues. Some of them may even be fatal. Some of these issues may be caused by genetics and others may be caused by exposure to the environment or prescription medications taken during pregnancy.

A doctor or medical professional could be accused of misconduct when they cause a birth defect through their actions or inaction. These cases are usually based on medical negligence in labor or delivery. They can also include any other perform a task that is not within the standard of medical care, such as, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One instance of case involves a medication called teratogens. This medication can cause birth defects that are serious. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug, then she should file an insurance claim.

It is crucial to select an attorney with experience handling these types of cases. You should seek out an attorney who has expertise in this area and works on contingency, so you don't have to pay any fees until you win. Look for an attorney who has outstanding negotiation and communication skills. This will help ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to test their products properly and inform the public of the potential dangers. Unfortunately certain pharmaceutical companies are not keeping up with the latest research or fail to anticipate possible adverse consequences. Moreover, doctors may prescribe dangerous drugs to their patients and women may not have adequate information about the risks associated with taking certain drugs during pregnancy. These medications are referred to as teratogens. They may cause birth defects in the fetus, including spina bifida.

Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury that affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and substances that cause harm to their reproductive health and cause birth defects.

It is crucial to gather as much evidence as you can prior to making a claim against the party responsible. Included in this are any ultrasound images or blood tests, as well as medical bills incurred due to. This allows the attorney to determine the financial value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. It's also the time when medical professionals can make mistakes that can lead to birth defects. An experienced attorney can assist parents bring a lawsuit against those responsible for their child's disability and acquire the proper compensation they're entitled to.

While the causes of birth defects are usually unknown to medical professionals, a significant number can be attributed to environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.

In addition, manufacturers and those who prescribe prescription medicines must inform patients of the risks. A large number of these drugs is marketed to women who are pregnant without warnings about the risk of birth defect. This is especially applicable to 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. His practice is centered around cases involving the development of birth defects resulting from exposure of parents to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.