Birth Defect Litigation

Some injuries are beyond the parents or their control. If these injuries require special care and costly procedures, it could cause families to incur huge costs.

A New York birth defect lawyer can assist parents who are shocked to file an appeal and obtain compensation to pay for future expenses. However, the law puts strict time limitations on the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advances have reduced the risks associated with childbirth, pregnancy and birth. Birth defects and injuries do persist. If they're preventable families should consider their legal options.

Many birth defect lawsuits (simply click the up coming document) are founded on allegations of medical malpractice. These cases may involve errors committed by nurses or doctors staff at any time during the birth process, including labor and pregnancy. Medical professionals may also be guilty of malpractice following the birth of a child if they fail provide proper treatment.

Generally speaking, the time limit for birth defect lawsuits these cases is generally 2.5 years from the date of the occurrence of medical negligence. For infants this period may be extended. It is important to consult a lawyer immediately to ensure that all the evidence is collected, and that a timely complaint be filed.

A lawsuit may be filed on behalf of a child for birth defects caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers are able to investigate the claims and then prosecute them on behalf of the family.

Parents should consider the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth injury or defect:

Medical Malpractice

Birth defects can cause an array of physical or mental problems. Some may even be fatal. Some of these issues could be genetic, while others are caused by environmental exposures or prescription medications used during pregnancy.

A medical professional or doctor could be accused of malpractice when they cause a birth defect through their actions or inaction. The most common cases involve medical negligence during labor or delivery. They may also involve any act of failure to do something that is below the standard of medical care, for example, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One example involves Teratogens. These drugs can cause birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug, she must make a claim.

It is crucial to select an attorney who is experienced in handling these kinds of cases. Find a law firm that specializes in this area, and works on an on a contingency basis, meaning you won't have to pay a dime unless you succeed. Additionally, you should choose an attorney with excellent communication and negotiation skills. This will help ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

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

Drug manufacturers are required to test their products thoroughly and inform the public about any potential dangers. Unfortunately some pharmaceutical companies fail to keep up with research or foresee potential side consequences. Certain doctors prescribe dangerous drugs to their patients, and birth defect lawsuits some women are not informed about the risks of taking certain medications while pregnant. These medications, also known as teratogens, can cause birth defects, such as spina-bifida that can occur in the fetus.

Other substances that may cause birth defects are chemicals used in agriculture and manufacturing, as well as heavy metals such as mercury, which are contaminating the groundwater or the air. Diane Paolicelli's career in law has been dedicated to fighting powerful corporations that expose women to toxic chemicals and substances that could affect their reproductive health or lead to birth defects.

It is essential to gather as many evidences as you can prior to filing a suit against the parties responsible. Included in this are ultrasound images or blood tests, as well as medical bills that are incurred as a result. This information helps the attorney to determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting and anxiety-inducing experiences in a woman's lifetime. It's also the time that medical professionals make mistakes that result in birth defects. A top attorney can assist parents in filing an appeal and gaining the compensation they deserve from those who are responsible for the impairment of their child.

Medical professionals aren't always able of determining the exact cause of birth defects, however most of them can be attributed to chemical or environmental exposure. This can be due to exposure by parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying crops and pesticides.

The manufacturers and the people who prescribe medications are also required to warn the public about their risks. Yet, a substantial portion of these medications are sold off-label to women of childbearing age without adequate warnings about the possibility of birth defects. This is especially 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. He focuses his practice on cases where birth defects result from exposure to toxic chemicals by parents such as those that are employed in semiconductor manufacturing or agriculture. He graduated from the American University in Washington, D.C., and Suffolk University Law School.