Birth Defect Litigation

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

A New York birth defect attorney can assist parents grieving and file an appeal to be compensated for future expenses. The law has strict time limits on when claims can be filed.

Statute of limitations

Modern technology and medical advances have reduced the risks that are associated with childbirth, pregnancy and birth. However, birth defects and injuries still occur. If they're preventable families should consider their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors personnel at any stage of pregnancy, labor and birth. Medical professionals can also commit malpractice after the birth of a baby in the event that they fail to provide appropriate treatment.

Generally, the statute of limitations in these cases is generally 2.5 years from when the act was committed of medical malpractice. For infants this can be extended. It is crucial to consult a lawyer whenever you can to ensure that all the evidence is gathered and that a timely complaint be filed.

A lawsuit can be filed on behalf of a child to claim birth defects caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

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

Medical Malpractice

asheville birth defect law firm defects can trigger a wide range of mental or physical ailments. Some birth defects can be fatal. Some of these issues may be caused by genetics, while others are caused through exposure to the environment or prescription drugs used during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects by their actions or inaction. The most common cases involve medical negligence during the birth or labor process. However, they can also include any act or failure to act that is in violation of the medical standard of care, like failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One example involves teratogens. These drugs can cause birth defects that are serious. When pregnant, doctors usually recommend women not to take this medication, which is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must submit a claim.

It is vital to choose an attorney who has expertise in these kinds of cases. Find a law firm that specializes in this area and works on the basis of a contingent fee, which means you don't have to pay any fees unless you get the case won. Look for an attorney with great negotiation and communication skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to test their products thoroughly and warn the public of any risks that could be present. Unfortunately certain pharmaceutical companies fail to keep up with the latest research or fail to anticipate potential side consequences. Additionally, doctors can prescribe dangerous drugs to patients, and some women do not receive adequate information on the dangers of taking certain drugs during pregnancy. These drugs are referred to as teratogens and can cause birth defects within 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 such as mercury that can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that could harm their reproductive health and lead to birth defects.

It is crucial to collect as much evidence as you can prior to making a claim against the parties responsible. Included in this are ultrasound images as well as blood tests and medical bills that are incurred due to. This information helps the attorney determine the worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful times in a woman's life. It's also a time where medical professionals can make mistakes that cause birth defects. A top lawyer can help parents file a claim against those who are responsible for their child's disabilities and get the compensation they deserve.

While the causes of birth defects are usually not understood by medical professionals however, many of them are linked to environmental or chemical exposure. This may include contact by parents with toxic chemicals in the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing, and agricultural chemicals used for firm pesticides as well as spraying of crops.

The pharmaceutical companies and those who prescribe medicines also have a duty to warn people about the dangers. However, a significant portion of these medications are sold off-label to women of childbearing age without proper warnings about the possibility of birth defects. This is particularly true for antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases involving the occurrence birth defects due to exposure of parents 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.