Birth Defect Litigation

Some injuries are out of the parents or their control. Families may be left with a large bill when injuries require expensive procedures and special care.

A New York birth defect lawyer can assist parents in filing a claim and get compensation to cover future costs. However, the law puts strict deadlines on the time a claim has to be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks of childbirth and pregnancy. However, birth defects and injuries can still occur. When they are preventable, families need to explore their legal options.

Many birth defect suits are made on the basis of allegations of medical malpractice that occurred. These lawsuits can result from mistakes made by nurses or doctors personnel at any stage of pregnancy, labor and birth. In addition medical professionals may be guilty of medical malpractice after the birth of a child by failing to provide proper treatment.

Generally speaking, the time limit for these cases is 2.5 years from when the act was committed of medical negligence. This time period can be extended to infants. However, it is essential to seek legal counsel immediately to ensure that all evidence is obtained and that a timely claim can be filed.

A lawsuit can be filed on behalf of a child to claim birth defects that are caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

Parents should consider the following factors when choosing an attorney to represent them in a suit for birth defect or injury:

Medical Malpractice

Birth defects can lead to various mental and physical issues. Some of them could be fatal. Some of these problems may be genetic while others are triggered through exposure to the environment or prescription medications taken during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects as a result of their actions or inaction. The majority of these cases are caused by medical negligence during delivery or labor. They can also be a result of any act of failure to be in compliance with a standard of medical care, for example failing to recognize an illness or prescribing the wrong medication during pregnancy.

One example of this type of case involves a medication called teratogens, which can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug then she should file an action.

It is essential to select an attorney with experience handling these kinds of cases. Find a law firm that specializes in this field and operates on an hourly basis, which means there is no cost unless you succeed. Also, search for an attorney with excellent communication and negotiation skills. This can help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, that require expensive medical treatment and accommodations for the child. These disorders are usually genetic, but they can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.

Drug makers are required to test their products properly and inform the public of any potential dangers. Unfortunately some pharmaceutical companies do not keep up with the latest research or fail to anticipate potential side effects. Some doctors recommend dangerous drugs to their patients, and some women are not informed about the dangers associated with taking certain medications while pregnant. These drugs, known as teratogens may cause birth defects, like spina-bifida that can occur in the fetus.

Other substances that can cause birth defects include chemicals used in agriculture and manufacturing, as well as heavy metals like mercury, which are contaminating the groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and other substances that affect their reproductive health and cause birth defects.

It is crucial to gather as the evidence you can before making a claim against the responsible parties. Included in this are any ultrasound images or blood tests, as well as medical bills that are incurred due to. This will help the attorney determine the monetary worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful experiences a woman can go through in her life. But it's also a time where medical professionals often make mistakes that can cause birth defects. An experienced attorney can help parents in filing an action and obtaining the amount they deserve from those responsible for the disability of their child.

Medical experts aren't always able to determine the causes of birth defects, however most of them can be caused by environmental or chemical exposure. This could include exposure of parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

The pharmaceutical companies and those who prescribe medication are also obliged to inform 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 risk of birth defects. This is particularly applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where birth defect lawyer defects result from exposure of parents to toxic chemicals such as those that are used in the manufacture of semiconductors or in agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.