Birth Defect Litigation

Some injuries are beyond the parents in their control. Families can be left with a large bill when injuries require expensive procedures and specialized care.

A New York east hills birth defect law firm defect attorney can help parents who are in shock file an appeal to be compensated for future expenses. The law has strict deadlines on when claims can be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries do occur. Families should consider their legal options when they are preventable.

Many birth defect suits are made on the basis of accusations of medical malpractice. These cases can involve mistakes made by doctors or nursing staff at any time during labor, pregnancy and birth. Medical professionals can also be guilty of malpractice following the birth of a child if they fail provide proper treatment.

In general, the statutes of limitations in these cases is 2.5 years from the date of the medical error. For infants, this is sometimes extended. It is essential to speak with an attorney early enough to ensure that all the evidence is collected and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects that result from wrongful toxic and chemical exposures that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

Parents should think about the following characteristics when choosing an attorney to represent their interests in a lawsuit filed for birth defects or injuries:

Medical Malpractice

Birth defects can trigger an array of mental or physical ailments. Some birth defect attorney defects can cause death. Some of these problems are inherited, while others are caused by exposure to environmental factors or the usage of prescribed drugs during pregnancy.

A medical professional or doctor could be convicted of malpractice when they cause birth defects through their actions or inaction. Most cases involve medical negligence during labor or delivery. They also encompass any other act which falls below a standard of medical care, for example failing to recognize an illness or prescribing incorrect medication during pregnancy.

One example of this type of situation is a drug known as teratogens, which could cause serious birth defects. During pregnancy, doctors usually advise women to not take this medication, which is utilized in the treatment of seizures. If a woman who is pregnant is exposed to this drug, defects she should make a claim.

It is crucial to select an attorney with expertise in these kinds of cases. Choose a law firm that specializes in this area and operates on an hourly basis, which means there is no cost unless you succeed. Choose an attorney with excellent communication and negotiation skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, which require costly medical care 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 took while pregnant.

Drug manufacturers have an obligation to thoroughly test their products and warn consumers about any potential risks. Unfortunately certain pharmaceutical companies fail to keep up with the latest research or anticipate potential side consequences. Certain doctors prescribe dangerous medications to their patients and some women are not informed about the dangers associated with using certain drugs during pregnancy. These medications are referred to as teratogens, and they can 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 like mercury which can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that affect their reproductive health and lead to birth defects.

When filing a lawsuit against the parties responsible for your child's condition it is essential to gather as much evidence as possible. This includes ultrasound scans, blood tests, and medical bills incurred due to the birth defect. This assists the attorney in determining the monetary value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful events in a woman's lifetime. But it's also a time where medical professionals often make mistakes that could lead to birth defects. A reputable attorney can assist parents in submitting a claim and obtaining the compensation they deserve against those responsible for the handicap of their child.

While the causes of birth defects are usually not understood by medical professionals but a large proportion of birth defects can be linked to exposure to chemicals or environmental causes. This can include exposure by parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, defects and agricultural chemicals used for crop spraying and pesticides.

Furthermore, manufacturers and those who prescribe prescription drugs must inform people of their risks. However, a significant portion of these drugs are offered off-label for women of childbearing age, without warnings about the risk of birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.

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