Birth Defect Litigation

Certain injuries are beyond the parents in their control. If these injuries require special medical attention and expensive procedures, it could cause families to be faced with massive costs.

A New York birth defect attorney can help parents who are in shock to file claims to obtain compensation for future expenses. The law has strict time limitations for when claims can be filed.

Statute of Limitations

Modern technology and medical advances have aided in reducing the risks that are associated with childbirth, pregnancy and birth. However, birth defects and injuries do occur. Families must consider their legal options if they can be prevented.

Many birth defect suits are based on allegations that medical malpractice occurred. These cases can involve errors made by doctors or nurses at any time during the pregnancy, labor and delivery processes. In addition medical professionals could be guilty of medical malpractice following the birth of a child in the event that they fail to provide proper care.

Generally speaking, the time limit for these cases is generally 2.5 years from the date of the act of medical malpractice. For infants this period may be extended. However, it is essential to seek legal counsel as soon as possible to ensure that all evidence is collected and that a timely claim be filed.

A lawsuit may be filed on behalf of a child for birth defects caused by toxic and chemical exposures during pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

Parents should think about the following aspects when choosing an attorney to represent them in a lawsuit for birth defects or injuries:

Medical Malpractice

lynchburg birth defect law firm defects can cause numerous physical or mental problems. Some of them could be fatal. Some of these issues could be genetic and others may be caused by exposure to the environment or prescription medications used during pregnancy.

A doctor or medical professional may be accused of negligence if they cause birth defects by their actions or inaction. These cases usually are due to medical negligence during delivery or labor. However, they may also include any act or inability to act that is not in the range of the medical standard of care, like not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One example of case is a medication called teratogens. It can cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug then she should file an insurance claim.

It is crucial to select an attorney who has expertise in these kinds of cases. Find a firm that is experienced in this area, and works on a contingency basis, so you don't have to pay any fees unless you succeed. Also, look for a lawyer with strong negotiation and communication skills. This will ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

A variety of birth defects cause physical or mental disabilities that require costly medical treatment and accommodations for the child. The majority of these problems are genetically inherited, but some of them can be caused by chemical or environmental exposure, or medications that the mother was taking during pregnancy.

Drug makers are required to test their products thoroughly and warn the public of any potential risks. Unfortunately many pharmaceutical companies do not keep up with research or foresee potential side effects. Furthermore, doctors may prescribe dangerous drugs to their patients and some women do not have adequate information about the risks associated with taking certain drugs during pregnancy. These are known as teratogens. They can cause birth defects within the fetus, such as spina Bifida.

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

When filing a lawsuit against the parties that are accountable for your child's health it is essential to gather as much evidence as you can. This includes ultrasound scans, blood tests and medical bills incurred because of the pooler birth defect attorney defect. This assists the attorney in determining the financial worth of the case.

Product Liability

Pregnancy is among the most exciting, but stressful experiences in a woman's lifetime. It's also the time when medical professionals are prone to making mistakes that result in birth defects. A top lawyer can help parents file a claim against those accountable for their child's handicap and get the amount of 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 can include parental contact with toxic chemicals in the workplace, such as glycol ethers and solvents used in semiconductor manufacturing as well as chemical pesticides used in agriculture and crop spraying.

Additionally, the manufacturers and those who prescribe prescription medicines are required to inform consumers of the dangers. A large portion of these drugs are offered to women who are pregnant without warnings of the potential for birth defect. This is especially the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases involving the development of birth defects due to parental exposure to toxic chemicals such as those used in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C. and Suffolk University Law School.