Birth Defect Litigation

Some injuries are out of the parents' control. When injuries require specialized treatment and expensive procedures, it can leave families with huge expenses.

A New York birth defect attorney can assist parents in shock to file a claim to get compensation for future expenses. The law has strict deadlines for when claims can be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries continue to occur. Families need to consider their legal options when they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve errors committed by nurses or doctors staff at any point during the birth process, including labor and pregnancy. In addition medical professionals may be guilty of medical malpractice after the birth of a child, when they fail to provide proper care.

In general the statute of limitations in these cases is 2.5 years from the date of the medical mistake. This time frame is extended for infants. It is essential to speak with an attorney early enough to ensure that all the evidence is gathered and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of an infant for port Angeles birth defect lawyer defects resulting from improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained lancaster birth defect law firm defect lawyers can investigate and defend these claims on behalf of the family.

Parents should take into consideration the following aspects when choosing an attorney to represent them in a suit for birth defect or injury:

Medical Malpractice

Birth defects can trigger a wide range of physical or mental problems. Some birth defects can be fatal. Some of these problems may be caused by genetics while others are caused by exposure to environmental factors or prescription drugs used during pregnancy.

A doctor or medical professional could be accused of misconduct in the event of causing a birth defect through their actions or inaction. These cases typically are due to medical negligence during labor or delivery. However, they can also be a result of any action or failure to act that is not in the range of a medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One instance of situation involves a drug called teratogens. This medication can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should file a claim.

It is crucial to select an attorney with experience in these types of cases. Find a law firm that has a specialization in this area, and works on an hourly basis, which means you don't have to pay any fees unless you are successful. Also, look for a lawyer with strong negotiation and communication skills. This will help to ensure that you submit your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities that require expensive medical treatment and accommodations for the child. Most often, these disorders are genetically inherited, but some of them are caused by environmental or chemical exposure, or the medications the mother took during pregnancy.

Drug makers are required to test their products properly and warn the public of the potential dangers. Sadly some pharmaceutical companies do not keep up with the latest research or anticipate the potential adverse effects. Certain doctors prescribe dangerous drugs to their patients, and some women aren't aware of the dangers associated with taking certain medications during pregnancy. These drugs are referred to as teratogens. They can cause birth defects in the fetus. This includes spina Bifida.

Other substances that can cause birth defects are chemicals that are used in manufacturing and agriculture in addition to heavy metals like mercury that are contaminating groundwater or air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that can affect their reproductive health and cause birth defects.

If you decide to file lawsuits against the people accountable for your child's condition it is essential to gather the most evidence you can. This includes any ultrasound images, blood tests, and medical bills that arise as a result of the birth defect. This information helps the attorney determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting, yet stressful experiences in women's lives. But it's also a period when many medical professionals make mistakes that could cause birth defects. An experienced attorney can assist parents make a claim against those accountable for their child's handicap and obtain the compensation they deserve.

Medical experts aren't always able determine the root of birth defects, but most of them can be caused by environmental or chemical exposure. This could include contact from parents with toxic chemicals at the workplace, such as glycolethers and solvents utilized in semiconductor manufacturing as well as chemical pesticides used in agriculture and crop spraying.

In addition, the manufacturer and the people who prescribe prescription medications are required to inform consumers of the dangers. A majority of these drugs are offered to women who are pregnant, without warnings about the possibility of birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects result from exposure of parents to toxic chemicals like those used in the manufacture of semiconductors or in agriculture. He graduated of the American University in Washington, D.C. as well as Suffolk University Law School.