Birth Defect Litigation

Parents want perfect babies However, some injuries occur outside of their control. If injuries that result from these accidents require special care and costly procedures, it can cause families to be faced with massive costs.

A New York birth defect attorney can assist parents who are grieving and file a claim to get compensation for future expenses. The law has strict time limitations for when claims can be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks associated with childbirth and pregnancy. Birth defects and injuries do remain a possibility. Families must consider their legal options when they can be prevented.

Many birth defect lawsuits are made on the basis of allegations of medical malpractice that occurred. These lawsuits can result from mistakes made by doctors or nursing staff at any time during labor, birth and pregnancy. Medical professionals can also be negligent after the birth of a baby if they fail provide proper treatment.

Generally speaking, the time-limit for these cases is 2.5 years from the date of the act of medical malpractice. For infants, the time is sometimes extended. It is important to consult an attorney early enough to ensure that all evidence is collected, and that a timely complaint be filed.

In addition to medical malpractice, a suit can also be brought on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Lawyers specially trained in lenoir birth defect attorney defects can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can cause various physical and mental problems. Some may even be fatal. Some of these problems are inherited, while others are caused by exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional could be accused of malpractice in the event of causing birth defects through their actions or inaction. These cases usually involve medical negligence during the birth or labor process. They can also include any do something that is below the standard of medical care, such as, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One example is involving Teratogens. These medications can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must make an insurance claim.

It is essential to select an attorney with experience handling these types of cases. It is best to choose an attorney who has years of experience in this field and operates on contingency basis, which means you won't have to pay nothing until you win. Additionally, you should choose an attorney with excellent communication and negotiation skills. This will help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities which require costly medical care and accommodations for the child. The majority of these problems are genetically inherited, but some can be caused by chemical or environmental exposure or medication that the mother took during pregnancy.

Pharmaceutical manufacturers are required to thoroughly test their products and warn consumers about any risks. Sadly certain pharmaceutical companies do not keep up with research or anticipate the potential adverse consequences. Some doctors recommend dangerous drugs to their patients. Moreover, some women aren't aware of the dangers associated with taking certain medications during pregnancy. These drugs, also known as teratogens, may cause birth defects, such as spina-bifida in the fetus.

Other substances that can cause birth defects are the chemicals used in the manufacturing and agricultural industries, as well as heavy metals such as mercury that contaminate air or groundwater. Diane Paolicelli's career in law has been dedicated to combating powerful corporations that expose women to harmful substances and chemicals that can cause harm to their reproductive health and lead to birth defects.

It is crucial to gather as the evidence you can prior to filing a suit against the party responsible. This includes any blood tests, ultrasound images and medical bills that arose due to the birth defect. This helps the attorney establish the value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking moments in a woman's life. It's also the time that medical professionals are prone to making mistakes that result in birth defects. A top attorney can help parents bring a lawsuit against those responsible for their child's disability and receive the compensation they deserve.

Medical experts are not always able to pinpoint the root of birth defects, however most of them can be attributable to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals at the workplace, like glycolethers and solvents utilized in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and spraying crops.

The pharmaceutical companies and those who prescribe medication must also inform the public about the risks. A large portion of these drugs are marketed to pregnant women without warnings of the potential for birth defect. This is particularly applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. His practice is centered around cases involving the occurrence of birth defects that result from exposure of parents to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.