Birth Defect Litigation

Parents want their children to be perfect However, some accidents happen out of their control. Families could be faced with huge bills when these injuries require costly procedures and specialized care.

A New York birth defect lawyer can help stunned parents file an action and receive compensation to cover future expenses. The law has strict time limitations on when claims can be filed.

Statute of Limitations

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

Many birth defect lawsuits are founded on claims of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any time during the pregnancy, labor and delivery processes. In addition medical professionals may be guilty of medical malpractice following the birth of a child in the event that they fail to provide the correct treatment.

Generally, the time-limit for these cases is 2.5 years from the date of the occurrence of medical negligence. The time frame is extended for infants. It is essential to speak with an attorney immediately to ensure that all evidence is gathered and that a timely complaint can be filed.

A lawsuit can be filed on behalf of a child for birth defects that are caused by chemical and toxic exposures during the pregnancy. Lawyers specially trained in birth defects can look into the claims and then prosecute them on behalf of the family.

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

Medical Malpractice

Birth defects can trigger an array of mental or physical ailments. Certain birth defects could cause death. Some of these problems are genetic, but others are caused by environmental exposures or the use of prescription medications during pregnancy.

A doctor or medical professional could be accused of misconduct if they cause a birth defect through their actions or inaction. These cases are usually based on medical negligence in labor or delivery. However, they can also be a result of any action or failure to act in excess of the medical standard of care, such as failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example of situation is a drug known as teratogens, which could cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug it is recommended that she make an insurance claim.

It is vital to select an attorney with expertise in these kinds of cases. Look for a law firm that specializes in this area, and works on the basis of a contingent fee, which means you don't have to pay any fees unless you get the case won. Look for an attorney who has great negotiation and communication skills. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to thoroughly test their products and inform consumers of any potential risks. Unfortunately many pharmaceutical companies do not keep up with the latest research or anticipate the potential adverse consequences. Additionally, doctors can prescribe dangerous medications to their patients as well as some women do not get proper information about the dangers of taking certain drugs during pregnancy. These drugs, known as teratogens can cause birth defects, like spina-bifida in the fetus.

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

It is crucial to collect as many evidences as you can prior to filing a suit against the parties accountable. This includes any ultrasound scans, blood tests, and medical bills that arise because of the birth defect. This information will help attorneys determine the value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking events in a woman's lifetime. It's also a time when medical professionals are prone to making mistakes that cause birth defects. A reputable attorney can assist parents in filing an action and obtaining the compensation they deserve against those responsible for the disability of their child.

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

In addition, the manufacturer and those who prescribe prescription medicines have a responsibility to warn people about the risks. A large portion of these drugs are offered to pregnant women without warnings of the potential for birth defect. This is particularly true for antidepressants such as Prozac and attorneys Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases involving the occurrence birth defects resulting from exposure of parents to toxic chemicals, including the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.