Birth Defect Litigation

Some injuries are out of the parents' control. Families are left with a large bill when injuries require expensive procedures and special attention.

A New York birth defect lawyer can assist parents in filing an action and receive compensation to cover future costs. The law has strict deadlines on when a claim can be filed.

Statute of Limitations

Modern technology and medical advances have aided in reducing the risks associated with pregnancy, childbirth and birth. Birth defects and injuries do continue to occur. If they're preventable, families need to explore their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve errors made by doctors or nurses at any time during pregnancy, labor and delivery procedures. Medical professionals may also be negligent after the birth of a baby if they fail provide proper treatment.

In general the statute of limitations in these cases are 2.5 years after the date of the medical malpractice. For vimeo infants this period may be extended. However, it is important to seek legal counsel immediately to ensure that all evidence is gathered and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.

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

Medical Malpractice

Birth defects can lead to many mental or physical problems. Some of them may even be fatal. Some of these issues could be caused by genetics and others may be caused by exposure to the environment or prescription drugs taken during pregnancy.

A medical professional or doctor Vimeo may be accused of negligence when they cause birth defects through their actions or inaction. These cases typically involve medical negligence during the birth or labor process. However, they can be a result of any action or failure to act that is not in the range of the medical standard of care, Vimeo for instance, failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One example of this type 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 a woman who is pregnant is exposed to this medication, she must file an insurance claim.

It is vital to select an attorney with previous experience in these cases. You should seek out an attorney who has extensive experience in this field. It also operates on contingency basis, which means you don't pay any fees until you win. Also, search for an attorney with excellent communication and negotiation abilities. This will ensure that you file your claim 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. Most often, these disorders are genetic, but some of them may be caused by environmental or chemical exposure, or the medications the mother was taking during pregnancy.

Drug manufacturers are required to adequately test their products and inform consumers of any potential risks. Unfortunately some pharmaceutical companies are not keeping up-to-date with the latest research or fail to anticipate possible side consequences. Certain doctors prescribe dangerous medications to their patients, and some women are not aware of the risks associated with taking certain medications while pregnant. These drugs are known as teratogens, and they can cause birth defects within the fetus, including spina bifida.

Other substances that may cause birth defects are chemicals employed in the production and agricultural industries in addition to heavy metals such as mercury, which are contaminating the groundwater or air. Diane Paolicelli's career in law has been focused on combating powerful corporations that expose women to harmful chemicals and substances that could harm their reproductive health or lead to birth defects.

It is essential to gather as the evidence you can before filing a lawsuit against the parties responsible. Included in this are any ultrasound images, blood tests, and medical bills that are incurred due to. This will help the attorney determine the worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful events in a woman's lifetime. It's also a time when medical professionals make mistakes that result in birth defects. A top lawyer can help parents bring a lawsuit against those accountable for their child's handicap and get the justice they deserve.

Medical experts aren't always able of determining the exact cause of birth defects, but most of them can be due to environmental or chemical exposure. This could include contact from parents with toxic chemicals in the workplace, for example glycol ethers and solvents used in semiconductor manufacturing and agricultural chemicals used for pesticides and spraying of crops.

In addition, the manufacturer and the people who prescribe prescription medications have a responsibility to inform consumers of the dangers. A large portion of these medications are sold to pregnant women without warnings about the risk of birth defect. This is especially relevant for antidepressants like Prozac and Zoloft.

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