Birth Defect Litigation

Some injuries are beyond the parents or their control. When these injuries require special treatment and costly procedures, it could result in huge costs for families.

A New York birth defect attorney can help parents who are grieving and file claims to obtain compensation for future expenses. The law has strict time limits on when a claim can be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks associated with pregnancy and childbirth. However birth defects and injuries continue to occur. Families need to explore their legal options when they can be prevented.

Many birth defect lawsuits are based on allegations that medical malpractice occurred. These cases could involve mistakes committed by nurses or doctors at any point in the pregnancy, labor and delivery procedures. Medical professionals can also be guilty of malpractice following the birth of a child in the event that they fail to provide appropriate treatment.

In general, the statutes of limitations in these cases are 2.5 years from the date of the medical mistake. For Birth Defects infants, this time period may be extended. It is important to consult a lawyer early enough to ensure that all evidence is gathered, and that a timely complaint be filed.

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

Parents should think about the following qualities when selecting an attorney to represent their interests in a lawsuit filed for birth injury or defect:

Medical Malpractice

Birth defects can trigger a wide range of mental or physical problems. Some birth defects can cause death. Some of these problems may be caused by genetics while others are triggered by environmental exposures or prescription drugs used during pregnancy.

A doctor or medical professional may be accused of negligence when they cause birth defects through their actions or inaction. The majority of these cases are caused by medical negligence during delivery or labor. They also encompass any perform a task that is not within the standard of medical care, for example the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One example of this type of case is a medication known as teratogens, which could cause serious birth defects. During pregnancy, doctors usually advise women to stay clear of this medication, which is utilized to treat seizures. If a pregnant woman is exposed to this medication, she must file a claim.

It is important to choose an attorney who has experience in handling these kinds of cases. You should look for a firm that has expertise in this area and works on contingency, so you don't have to pay nothing until you win. Look for an attorney with excellent communication and negotiation skills. This will help to ensure that you submit your claim before the time limit expires.

Prescription Drugs

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

Drug makers are required to ensure that their products are tested properly and inform consumers of any risks. Unfortunately, some pharmaceutical companies do not keep 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 drugs while pregnant. These drugs are referred to as teratogens. They can cause birth defects in the fetus, including spina Bifida.

Other substances that can cause birth defects are the chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury which can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and substances that could damage their reproductive health and lead to birth defects.

It is essential to gather as much evidence as you can prior Birth Defects to filing a suit against the party responsible. Included in this are ultrasound images and blood tests as well as medical bills that are incurred as a result. This information assists the attorney to determine the worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. It's also a time where many medical professionals make mistakes that can cause birth defects. A top attorney can help parents bring a lawsuit against those who are responsible for their child's disabilities and get the justice they deserve.

Although the causes of birth defects are generally unknown to medical professionals but a large proportion of birth defects can be attributed to exposure to chemicals or environmental causes. This could be due to contact by parents with toxic chemicals at the workplace, such as glycolethers and solvents utilized in semiconductor manufacturing and agricultural chemicals used for pesticides as well as spraying crops.

The pharmaceutical companies and those who prescribe medication are also obliged to warn people about the dangers. However, a lot of these drugs are sold off-label to women who are pregnant age without proper 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. His practice focuses on cases that involve the occurrence of birth defects caused by parental exposure to toxic chemicals, including the ones used in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C., and Suffolk University Law School.