Birth Defect Litigation

Certain injuries are beyond the parents or their control. Families could be faced with a large bill when injuries require expensive procedures and specialized care.

A New York birth defect attorney can assist parents who are in shock file an appeal to be compensated for future expenses. However, the law places strict deadlines for when a claim must be filed.

Statute of Limitations

Modern medical technology and advancements in medical science have helped to reduce risks associated with childbirth, pregnancy and birth. However birth defects and injuries continue to occur. Families need to consider their legal options if they are preventable.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes made by doctors or nurses at any time during the birth, labor and delivery processes. Medical professionals can also commit malpractice after the birth of a child by failing to provide the correct treatment.

In general the statute of limitation for these cases are 2.5 years from the date of the medical negligence. For infants, this time is sometimes extended. It is essential to speak with a lawyer immediately to ensure that all evidence is collected and that a timely complaint can be filed.

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

When choosing an attorney for a birth injury or defect lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can cause a variety of mental and physical problems. Some of them can be fatal. Some of these problems are inherited, whereas others are caused by exposure to environmental factors or the usage of prescribed drugs during pregnancy.

A medical professional or doctor may be accused of negligence if they cause birth defects through their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they could also include any act or inability to act that falls short of the medical standard of care, such as failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One such case involves teratogens. These medications can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should submit an insurance claim.

It is essential to select an attorney with previous experience in these cases. It is best to choose a firm with years of experience in this field and is based on contingency, meaning that you don't pay any fees until you win. Choose an attorney with outstanding negotiation and communication skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many carpinteria birth defect lawsuit defect lawsuit (vimeo.com) defects lead to physical or Birth Defect Lawsuit mental disabilities, that require costly medical treatment and accommodations for the child. These disorders are usually caused by genetics, but can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.

Drug manufacturers are required to adequately test their products and inform consumers of any potential risks. Sadly some pharmaceutical companies do not keep up with the latest research or anticipate possible side effects. 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 are known as teratogens. They could cause birth defects in the fetus. This includes spina bifida.

Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, and heavy metals such as mercury that can contaminate groundwater or air. Diane Paolicelli's legal profession has been dedicated to combating powerful corporations that expose women to toxic chemicals and substances that may harm their reproductive health or cause birth defects.

If you are filing an action against the parties accountable for your child's condition, it is important to gather as much evidence as possible. Included in this are ultrasound images, blood tests, and medical bills incurred as a result. This allows the attorney to determine the financial value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking times in a woman's life. But it's also a time where medical professionals often make mistakes that can lead to birth defects. A top lawyer can assist parents in submitting an appeal and gaining the compensation they deserve from those who are responsible for the impairment of their child.

Medical professionals aren't always able determine the root of birth defects, but many of them can be attributable to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals at the workplace, for example solvents and glycol ethers used in semiconductor manufacturing as well as agricultural chemicals for pesticides and spraying of crops.

Manufacturers and those who prescribe medication are also required to inform the public about the risks. However, a significant portion of these drugs are sold off-label for women of childbearing age without warnings regarding the risk of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in hastings birth defect lawsuit defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects result from parental exposure to toxic chemical like those used in the manufacture of semiconductors or in agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.