Birth Defect Litigation

Certain injuries are beyond the parents of their control. When injuries require specialized care and costly procedures, it could cause families to incur huge costs.

A New York birth defect lawyer can assist parents who are shocked to file an appeal and obtain compensation to pay for future expenses. However, the law imposes strict deadlines the time a claim has to be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks associated with pregnancy and childbirth. However birth defects and injuries still occur. When they are preventable, families must explore their legal options.

Many birth defect lawsuits are founded on allegations that medical malpractice occurred. These cases may involve errors made by doctors or nursing staff at any point during labor, birth and pregnancy. In addition medical professionals may be guilty of medical malpractice after the birth of a child, by failing to provide proper treatment.

In general the statute of limitation for these cases is 2.5 years after the date of the medical malpractice. For infants, the time period can be extended. It is essential to speak with a lawyer early enough to ensure that all evidence is gathered and that a timely complaint can be filed.

In addition to medical malpractice, a suit can also be brought on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

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

Medical Malpractice

Birth defects can lead to various mental and physical problems. Certain birth defects could cause death. Some of these issues could be genetic and others may be caused through exposure to the environment or prescription medications taken during pregnancy.

A doctor or medical professional could be accused of malpractice in the event of causing birth defects due to their actions or inaction. These cases typically involve medical negligence during the birth or labor process. They also encompass any do something that is below the standard of medical care, like the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of situation involves a drug called teratogens. It can cause serious birth defect attorney defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug, then she must make an insurance claim.

It is essential to select an attorney with experience handling these types of cases. Find a law firm that is specialized in this area, and works on a contingency basis, so you don't have to pay any fees unless you succeed. Find an attorney who has excellent communication and negotiation skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require costly medical care and accommodations for the child. The majority of these problems are genetic, birth defect lawyer however some of them are caused by chemical or environmental exposure or medication that the mother consumed during pregnancy.

Drug manufacturers are required to thoroughly test their products and inform consumers of any risks. Unfortunately some pharmaceutical companies fail to keep up with the latest research or anticipate the potential adverse consequences. In addition, doctors can prescribe dangerous drugs to their patients and women may not get proper information about the risks associated with taking certain drugs during pregnancy. These are known as teratogens, and they may cause birth defects in the fetus including spina bifida.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals such as mercury that contaminate air or groundwater. Diane Paolicelli's legal career is focused on fighting powerful corporations that expose women to harmful chemicals and substances that could harm their reproductive health or lead to birth defects.

If you are filing lawsuits against the parties accountable for your child's condition It is crucial to gather as much evidence as you can. This includes ultrasound images, blood tests, and medical bills that came up as a result of the birth defect. This helps the attorney establish the financial worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but stressful experiences in the life of a woman. But it's also a period where many medical professionals make mistakes that could lead to birth defects. A top attorney can assist parents in filing claims and getting the compensation they deserve against those who are responsible for the impairment of their child.

While the causes of birth defects are typically unknown to medical experts however, a significant proportion can be linked to exposure to chemicals or environmental factors. This could include exposure of parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in spraying for crops and pesticides.

The pharmaceutical companies and those who prescribe medications must also inform the public about their risks. However, a significant portion of these medications are sold off-label to women of childbearing age without proper warnings about the potential for birth defects. This is especially true for antidepressants like Prozac and Zoloft.

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