Birth Defect Litigation

Parents want perfect children however, there are some injuries that occur outside of their control. Families may be left with a large bill when injuries require expensive procedures and specialized care.

A New York birth defect attorney can help parents who are in shock file a claim to get compensation for future expenses. The law has strict deadlines on when a claim may be filed.

Statute of Limitations

Modern technology and medical advancements have aided in reducing the risks associated with childbirth, pregnancy and birth. Birth defects and injuries do still occur. Families must consider their legal options if they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any stage of labor, birth and pregnancy. Medical professionals can also be negligent following the birth of a baby if they fail provide proper treatment.

Generally speaking, the statute of limitations in these cases is generally 2.5 years from the date of the incident of medical malpractice. For infants, this time period can be extended. However, it is essential to seek legal advice immediately to ensure that all evidence is collected and that a timely claim can 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.

Parents should take into consideration the following aspects when choosing an attorney to represent them in a lawsuit involving birth defects or injuries:

Medical Malpractice

Birth defects can lead to a wide range of physical or mental problems. Some of them may even be fatal. Certain of these problems could be caused by genetics, while others are caused by exposure to environmental factors or prescription drugs taken during pregnancy.

A medical professional or doctor could be convicted of malpractice in the event of causing a birth defect through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. They can also be a result of any be in compliance with a standard of medical care, like the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One instance of case involves a medication called teratogens. This medication can cause birth defects that are serious. Doctors generally advise women not 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 make an insurance claim.

It is crucial to choose an attorney with expertise in these kinds of cases. It is best to choose a firm that has expertise in this area and works on contingency, so you won't have to pay any fees until you win. Look for an attorney with great negotiation and communication skills. This will help to ensure that you submit your claim before the time for filing expires.

Prescription Drugs

A variety of birth defects cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. These conditions are often caused by genetics, but can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Drug makers are required to thoroughly test their products and warn consumers of any risks. Unfortunately certain pharmaceutical companies fail to keep up with the latest research or fail to anticipate possible side effects. Moreover, doctors may prescribe dangerous drugs to patients, and some women do not receive adequate information on the risks 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 could cause birth defects include chemicals that are used in manufacturing and agriculture in addition to heavy metals such as mercury, which are contaminating the groundwater or air. Diane Paolicelli's legal career has been dedicated to combating powerful corporations that expose women to harmful substances and chemicals that can affect their reproductive health or lead to birth defects.

It is essential to gather as all evidence you can prior to making a claim against the responsible parties. Included in this are any ultrasound images as well as blood tests and medical bills that are incurred due to. This will help the attorney determine the value of the case.

Product Liability

Pregnancy is among the most exciting, but stressful experiences in women's lives. But it's also a period where medical professionals often make mistakes that can cause birth defects. A top attorney can assist parents in filing a claim and obtaining the money they deserve from those responsible for the handicap of their child.

Medical experts are not always able to determine the specific cause of birth defects, however a large number can be caused by environmental or chemical exposure. This could include contact from parents with toxic chemicals in the workplace, like glycolethers and solvents utilized in semiconductor manufacturing, as well as agricultural chemicals used for pesticides as well as spraying crops.

Manufacturers and those who prescribe medications are also required to warn people about the dangers. A majority of these medications are sold to pregnant women without warnings about the risk of birth defect. This is especially applicable to 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. He concentrates his practice on cases that involve the occurrence of birth defects due to parental exposure to toxic chemicals such as the ones used in semiconductor birth defect attorney manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.