Birth Defect lawsuit Defect Litigation

Parents want perfect babies however, there are some injuries that occur beyond their control. When these injuries require special treatment and birth defect lawsuit costly procedures, it could result in huge costs for families.

A New York birth defect lawyer can assist parents who are stunned to file an appeal and obtain compensation to cover future expenses. The law has strict deadlines for when claims can be filed.

Statute of Limitations

Modern technology and medical advancements have helped reduce the risks associated with pregnancy and childbirth. Birth defects and injuries do continue to occur. Families need to explore their legal options when they are preventable.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any point in the labor and birth processes. Medical professionals can also commit malpractice after the birth of a child in the event that they fail to provide appropriate treatment.

Generally, the time-limit for these cases is 2.5 years from the date of the act of medical negligence. For infants, the time is sometimes extended. But, it is crucial to seek legal advice early enough to ensure that all evidence is collected and that a timely claim can be filed.

In addition to medical malpractice, a suit may also be filed on behalf of a baby for birth defects caused by improper toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

Parents should take into consideration the following aspects when choosing an attorney to represent them in a lawsuit for birth injury or defect:

Medical Malpractice

Birth defects can cause a variety of mental and physical issues. Some of them could be fatal. Some of these problems are genetic, but others are due to exposure to the environment or the use of prescription drugs during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects by their actions or inaction. Most cases involve medical negligence during labor or delivery. However, they can include any act or inability to act that is not in the range of the medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example of case involves a medication called teratogens. It can cause serious birth defects. When pregnant, doctors usually recommend women not to take this medication, which is commonly used to treat seizures. If a woman is exposed to the drug, then she must submit an action.

It is essential to choose an attorney who has prior experience in these types of cases. You should seek out a firm that has extensive experience in this field. It also works on contingency, so you don't pay anything until you win. Choose an attorney with excellent communication and negotiation skills. This can help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

A variety of birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. Most of the time, these issues are inherited, but a few of them are caused by chemical or environmental exposure, or the medications the mother took while pregnant.

Drug manufacturers are required to adequately test their products and warn consumers of any risks. Unfortunately, some pharmaceutical companies do not keep up with the latest research or anticipate possible side effects. Furthermore, doctors may prescribe dangerous medications to their patients and women may not get proper information about the dangers of taking certain medications during pregnancy. These drugs are known as teratogens and could cause birth defects in the fetus including spina bifida.

Other substances that could cause birth defects include chemicals employed in the production and agricultural industries as well as heavy metals like mercury, which are contaminating the groundwater or the air. Diane Paolicelli's legal career is focused on combating powerful corporations that expose women to toxic chemicals and substances that can cause harm to their reproductive health and lead to birth defects.

If you decide to file a lawsuit against the parties that are accountable for your child's health it is crucial to gather as much evidence as possible. This includes ultrasound images, blood tests, and medical bills that arise because of the birth defect. This assists the attorney in determining the monetary worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet stressful experiences in a woman's lifetime. It's also a time when many medical professionals make mistakes that can lead to birth defects. A top lawyer can assist parents in filing a claim and obtaining the money they deserve from those responsible for the disability of their child.

Medical professionals aren't always able to pinpoint the specific cause of birth defects, however a large number can be attributed to chemical or environmental exposure. This can be due to exposure by parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.

Manufacturers and those who prescribe medications are also required to inform people about the dangers. Yet, a substantial portion of these drugs are sold off-label to women of childbearing age without warnings regarding the potential for 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 chemical and pharmaceutical companies. His practice is centered around cases where birth defects are caused by exposure to toxic chemicals by parents like those employed in semiconductor manufacturing or farming. He graduated from American University in Washington, D.C. and Suffolk University Law School.