Birth Defect Litigation

Some injuries are out of the parents of their control. If injuries that result from these accidents require special treatment and expensive procedures, it can cause families to be faced with massive costs.

A New York birth defect attorneys defect lawyer can assist parents who are shocked to file an appeal and obtain compensation to cover the cost of future expenses. However, the law has strict deadlines when a claim must be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks associated with pregnancy and childbirth. Birth defects and injuries remain a possibility. If they can be prevented, families need to explore their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases can involve errors made by nurses or doctors at any time during the birth, labor and delivery procedures. Additionally medical professionals could be guilty of medical malpractice following the birth defect attorney of a child by failing to provide the proper treatment.

Generally, the statute of limitations in these cases is 2.5 years from the date of the occurrence of medical negligence. For infants, the time period may be extended. It is essential to speak with a lawyer early enough to ensure that all evidence is gathered and that a timely complaint can be filed.

A lawsuit may be filed on behalf of a baby for birth defects caused by toxic and chemical 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 defect or birth injury lawsuit parents should consider the following characteristics:

Medical Malpractice

Birth defects can lead to an array of mental or physical issues. Certain birth defects can cause death. Some of these problems are inherited, while others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defects through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. However, they could also be a result of any action or failure to act that is not in the range of the medical standard of care, like failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One instance of situation involves a drug called teratogens, which can cause birth defects that are serious. When pregnant, doctors usually recommend women not to take this medication, which is utilized in the treatment of seizures. If a pregnant woman is exposed to this medication, she must submit a claim.

It is crucial to choose an attorney who has prior experience in these types of cases. Choose a law firm that is specialized in this area and works on the basis of a contingent fee, which means there is no cost unless you win. Choose an attorney with excellent communication and negotiation skills. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities, that require expensive medical treatment and accommodations for the child. Often, these conditions are genetic, however some of them can be caused by environmental or chemical exposure, or the medications the mother was taking during pregnancy.

Drug manufacturers are required to test their products properly and inform the public about any risks that could be present. Sadly some pharmaceutical companies fail to keep up with the latest research or anticipate potential side effects. Moreover, doctors may prescribe dangerous drugs to patients, and some women do not have adequate information about the risks of taking certain drugs during pregnancy. These medications, also known as teratogens, can cause birth defects, including spina-bifida that can occur in the fetus.

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

If you are filing lawsuits against the parties that are accountable for your child's health it is crucial to gather as much evidence as possible. This includes any ultrasound scans, blood tests, and medical bills incurred due to the birth defect. This helps the attorney establish the monetary value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. It's also a time when medical professionals are prone to making mistakes that result in birth defects. A top attorney can help parents make a claim against those accountable for their child's handicap and get the compensation they deserve.

Medical experts are not always able determine the causes of birth defects, but most of them can be due to environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.

Furthermore, manufacturers and those who prescribe prescription medications have a responsibility to warn people about the risks. A large number of these drugs are offered to women who are pregnant, without warnings of the potential for birth defect. 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 chemical and pharmaceutical companies. He focuses his practice on cases where birth defects result from exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing or agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.