Birth Defect Litigation

Some injuries are out of the parents or their control. Families can be left with a large bill when injuries require costly procedures and special treatment.

A New York birth defect lawyer can assist parents who are shocked to file a claim and get compensation to cover future expenses. The law has strict time limitations on when claims 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 should consider their legal options if they can be prevented.

Many birth defect lawsuits are stemming from allegations that medical malpractice occurred. These lawsuits can be based on mistakes made by nurses or doctors at any point during the labor and delivery processes. Additionally medical professionals may be guilty of medical malpractice following the birth of a baby if they fail to provide proper care.

In general the statute of limitation for these cases is 2.5 years after the date of the medical mistake. The time limit is extended for infants. It is crucial to consult an attorney whenever you can to ensure that all the evidence is gathered and that a timely complaint can be filed.

A lawsuit may be filed on behalf of a child to claim birth defects that are caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawsuit defect lawyers can investigate and pursue these claims 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 defects or injuries:

Medical Malpractice

Birth defects can lead to various mental and physical ailments. Some of them could be fatal. Some of these problems are inherited, whereas others are due to environmental exposures or the use of prescription drugs during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects by their actions or inaction. These cases typically are due to medical negligence during labor or delivery. They can also be a result of any act of failure to perform a task that is not within the standard of medical care, such as failing to recognize an illness or prescribing incorrect medication during pregnancy.

One example of situation is a drug called teratogens. This medication can cause serious birth defects. During pregnancy, doctors typically recommend women not to take this medication, which is used to treat seizures. If a pregnant woman is exposed to this medication, she must make an insurance claim.

It is important that you choose an attorney who has prior experience in these types of cases. Look for a law firm that specializes in this area, and works on an hourly basis, which means you won't have to pay a dime unless you win. Look for an attorney with great negotiation and communication skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

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

Drug manufacturers are required to test their products properly and inform the public of any potential risks. Sadly certain pharmaceutical companies do not keep up with the latest research or anticipate the potential adverse consequences. Some doctors prescribe dangerous drugs to their patients. Some women are not aware of the risks of taking certain drugs while pregnant. These medications are referred to as teratogens and can cause birth defects in the fetus. This includes spina Bifida.

Other substances that could cause birth defects are chemicals that are used in manufacturing and agriculture in addition to heavy metals such as mercury that are contaminating air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that can damage their reproductive health and cause birth defects.

If you decide to file a lawsuit against the parties who are responsible for your child's illness It is crucial to gather the most evidence you can. This includes blood tests, ultrasound images, and medical bills that arise because of the birth defect. This information can help the attorney to determine the worth of the case.

Product Liability

Pregnancy is among the most exciting, yet anxious experiences of a woman's lifetime. But it's also a time when medical professionals can make mistakes that can lead to birth defects. An experienced attorney can help parents to file a claim against the medical professionals who are responsible for their child's disabilities and acquire the proper compensation they're entitled to.

Although the causes of birth defects are often not understood by medical professionals however, a significant proportion are linked to exposure to chemicals or environmental causes. This may include contact by parents with toxic chemicals at the workplace, like glycolethers and solvents utilized in semiconductor manufacturing as well as agricultural chemicals used for pesticides and spraying on crops.

Furthermore, manufacturers and those who prescribe prescription medications have a responsibility to inform people of their risks. Yet, a large percentage of these medications are sold off-label for women of childbearing age without proper warnings about the risk of birth defects. This is especially 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. He focuses his practice on cases where birth defects result from exposure of parents to toxic chemicals like those employed in semiconductor birth defect lawyer manufacturing or agricultural. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.