Birth Defect Litigation

Certain injuries are beyond the parents in their control. When injuries require specialized medical attention and expensive procedures, it can cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents who are stunned to file an action and receive compensation to pay for future expenses. However, the law has strict deadlines the time a claim has to be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks of childbirth and pregnancy. Birth defects and injuries do persist. Families need to explore their legal options if they are preventable.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any time during labor, birth and pregnancy. Additionally medical professionals could be guilty of medical malpractice following the birth of a child, if they fail to provide proper care.

In general the statute of limitations for these cases are 2.5 years from the date of the medical negligence. For infants, this can be extended. It is important to consult a lawyer early enough to ensure that all the evidence is collected, and that a timely complaint be filed.

A lawsuit may be filed on behalf of a baby for birth defects that are caused by chemical and toxic exposures during the pregnancy. Specially trained birth defects lawyers are able to investigate these claims and bring them to trial on behalf of the family.

Parents should consider the following characteristics when choosing an attorney to represent them in a lawsuit involving birth defect or injury:

Medical Malpractice

Birth defects can cause various physical and firm mental problems. Certain birth defects can be fatal. Certain of these problems could be caused by genetics, while others are caused by exposure to environmental factors or prescription medications used during pregnancy.

A doctor or medical professional could be accused of malpractice if they cause birth defects through their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they can include any act or inability to act in excess of the medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One such type of case involves a medication called teratogens. It can cause serious birth defects. When pregnant, doctors usually advise women to avoid taking this medication, which is used in the treatment of seizures. If women are exposed to the drug, then she must make an insurance claim.

It is vital to select an attorney with previous experience in these cases. Look for a law firm that specializes in this area and operates on the basis of a contingent fee, which means there is no cost unless you succeed. Also, you should look for a lawyer with strong negotiation and communication skills. This will 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 costly medical treatment and accommodations for the child. Most of the time, these issues are genetic, however some can be caused by chemical or environmental exposure or medication that the mother was taking during pregnancy.

Drug manufacturers are required to ensure that their products are tested properly and inform the public about any potential risks. Unfortunately certain pharmaceutical companies fail to keep up to date with the latest research or fail to anticipate potential side consequences. In addition, doctors can prescribe dangerous medications to their patients and women may not have adequate information about the dangers of taking certain drugs during pregnancy. These are known as teratogens. They could cause richmond birth defect law firm defects in the fetus, such as spina Bifida.

Other substances that could cause birth defects are chemicals used in agriculture and manufacturing and heavy metals like mercury, which are contaminating the groundwater or the air. Diane Paolicelli's legal career is focused on fighting powerful corporations that expose women to toxic chemicals and substances that can harm their reproductive health or cause birth defects.

It is important to collect as much evidence as you can before filing a lawsuit against the responsible parties. This includes blood tests, ultrasound images, and medical bills that came up as a result of the birth defect. This allows the attorney to determine the monetary value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful moments in a woman's life. It's also a time when medical professionals make mistakes that can lead to birth defects. A top attorney can assist parents in filing an action and obtaining the compensation they deserve from the people responsible for the disabilities of their child.

While the causes of birth defects are generally unknown to medical professionals however, many of them can be attributed with exposure to chemicals or the environment. This could include exposure of parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.

The manufacturers and the people who prescribe medication are also required to inform people about the dangers. However, a significant portion of these drugs are marketed off-label to women who are pregnant age without adequate 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 pharmaceutical and chemical companies. His practice focuses on cases that involve the occurrence of birth defects due to parental exposure to toxic chemicals, such as those used in semiconductor firm manufacturing as well as agriculture. He is a graduate from the American University in Washington, D.C., and Suffolk University Law School.