Birth Defect Litigation

Some injuries are beyond the parents in their control. Families may be left with huge debts when these injuries require costly procedures and specialized care.

A New York birth defect lawyer can help stunned parents file a claim and get compensation to cover future expenses. However, the law places strict time limitations on when a claim needs to be filed.

Statute of limitations

Modern medical technology and advances have made it possible to reduce the risks associated with pregnancy, childbirth and birth. Birth defects and injuries do still occur. If they're preventable, families should consider their legal options.

Many birth defect lawsuit defect lawsuits are based on allegations of medical malpractice. These cases can involve errors committed by nurses or doctors at any time during labor and birth processes. In addition medical professionals can be guilty of medical malpractice after the birth of a child if they fail to provide the correct treatment.

In general, the statutes of limitations in these cases is 2.5 years from the date of the medical error. This time frame can be extended to infants. But, it is crucial to seek legal advice as soon as you can to ensure that all evidence is collected and that a timely claim can be filed.

In addition to medical malpractice, a suit can also be brought on behalf of a baby for birth defects caused by wrongful toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

When choosing an attorney for a birth injury or defect lawsuit parents should consider the following characteristics:

Medical Malpractice

Birth defects can trigger an array of mental or physical problems. Certain birth defects could cause death. Some of these problems may be genetic, while others are caused by environmental exposures or prescription drugs taken during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects due to their actions or inaction. The majority of these cases are due to medical negligence during delivery or labor. They may also involve any perform a task that is not within the standard of medical care, for example, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One example is involving teratogens. These medications can cause serious birth defects. In the course of pregnancy, doctors generally recommend women not to take this medication, which is utilized in the treatment of seizures. If a pregnant woman is exposed to this drug, she should file an insurance claim.

It is crucial to select an attorney who has handled these kinds of cases. Choose a law firm that is specialized in this area and operates on the basis of a contingent fee, which means you don't pay anything unless you succeed. Also, search for a lawyer with strong negotiation and communication abilities. This will help to ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities, which require expensive medical care and accommodations for the child. These conditions are often genetic, but they can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Drug makers are required to test their products correctly and inform the public of the potential dangers. Sadly, some pharmaceutical companies fail to keep up with research or anticipate potential side effects. Certain doctors prescribe dangerous medications to their patients, and some women are not informed about the risks of taking certain drugs while pregnant. These drugs are referred to as teratogens. They can cause birth defects in the fetus, such as spina bifida.

Other substances that could cause birth defects include chemicals used in manufacturing and agriculture in addition to heavy metals, like mercury that are contaminating air or groundwater. Diane Paolicelli's legal career is dedicated to fighting powerful corporations that expose women to toxic substances and chemicals that can cause harm to their reproductive health and cause birth defects.

If you are filing lawsuits against the parties responsible for your child's condition it is crucial to gather the most evidence you can. Included in this are ultrasound images as well as blood tests and medical bills incurred due to. This helps the attorney establish the monetary worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxiety-inducing experiences in a woman's lifetime. But it's also a time when many medical professionals make mistakes that could lead to birth defects. A top attorney can assist parents in submitting claims and getting the compensation they deserve from those responsible for the disability of their child.

While the causes of birth defects are typically unknown to medical professionals but a large proportion of birth defects can be linked to exposure to chemicals or environmental factors. This could include exposure of parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.

Manufacturers and those who prescribe medications also have a duty to warn the public about the risks. Yet, a substantial portion of these drugs are sold off-label to women who are pregnant age without adequate warnings about the possibility of birth defects. This is particularly true for antidepressants such as 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 birth defects caused by parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.