Birth Defect Litigation

Parents want perfect children However, some accidents happen beyond their control. When these injuries require special treatment and costly procedures, it can cause families to incur huge costs.

A New York birth defect lawyer can help stunned parents file claims and receive compensation to cover future costs. However, the law has strict deadlines for when a claim needs to be filed.

Statute of limitations

Modern medical technology and advances have aided in reducing the risks related to pregnancy, childbirth and birth. Birth defects and injuries do still occur. If they're preventable, families should consider their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases may involve mistakes made by nurses or doctors at any point in the pregnancy, labor and delivery procedures. Medical professionals may also be negligent after the birth of a baby if they fail provide proper treatment.

Generally, the statute of limitations in these cases is generally 2.5 years from the date of the incident of medical negligence. The time limit can be extended to infants. It is crucial to consult a lawyer whenever you can 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 defect lawsuits birth defects that are caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

When selecting an attorney for a birth injury or defect lawsuit parents should consider the following qualities:

Medical Malpractice

Birth defects can cause a variety of mental and physical problems. Some of them may even be fatal. Some of these problems may be genetic while others are caused through exposure to the environment or prescription drugs used during pregnancy.

A doctor or medical professional could be accused of misconduct in the event of causing birth defects through their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they may also include any act or failure to act that is in violation of a medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One example involves the teratogens. These medications can lead to birth defects that are serious. During pregnancy, doctors typically advise women to not take this medication, which is used in the treatment of seizures. If a pregnant woman is exposed to this drug, she should make a claim.

It is crucial to choose an attorney who has expertise in these kinds of cases. You should seek out an attorney with expertise in this area and operates on contingency basis, which means you don't pay anything until you are successful. Also, search for a lawyer who has excellent negotiation and communication abilities. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

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

Pharmaceutical companies are required to ensure that their products are tested properly and inform the public about any potential risks. Sadly, some pharmaceutical companies do not keep up with the latest research or anticipate the potential adverse consequences. Additionally, doctors can prescribe dangerous drugs to their patients and women may not receive adequate information on the risks of taking certain drugs during pregnancy. These drugs, known as teratogens, can cause birth defects such as spina-bifida, in the fetus.

Other substances that could cause birth defects are chemicals employed in the production and agricultural industries and heavy metals, like mercury, which are contaminating the groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and other substances that affect their reproductive health and lead to birth defects.

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

Product Liability

Pregnancy is among the most exciting, yet nerve-wracking experiences in the life of a woman. It's also a time when many medical professionals make mistakes that can cause birth defects. An experienced attorney can assist parents bring a lawsuit against those responsible for their child's condition and get the proper compensation they're entitled to.

Although the causes of birth defects are often unknown to medical experts however, a significant proportion can be linked with exposure to chemicals or the environment. This can include parental exposure to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

The pharmaceutical companies and those who prescribe medication must also warn the public about the dangers of their products. However, a lot of these drugs are sold off-label to women of childbearing age without proper warnings about the potential for birth defects. This is particularly the case with 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 is centered around cases involving the development of birth defects due to parental exposure to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.