birth defect law firm Defect Litigation

Parents want their children to be perfect however, there are some injuries that occur outside of their control. When these injuries require special care and costly procedures, it can cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents who are stunned to file an action and receive compensation to cover future expenses. However, the law puts strict deadlines when a claim needs to be filed.

Statute of limitations

Modern medical technology and advances have aided in reducing the risks related to pregnancy, childbirth and birth. However birth defects and injuries can still occur. Families need to consider their legal options if they can be prevented.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases may involve mistakes made by nurses or doctors at any point in the labor and delivery processes. Medical professionals can also be negligent after the birth of a child when they fail to provide the proper treatment.

In general the statute of limitations for these cases are 2.5 years after the date of the medical mistake. The time frame may be extended for infants. But, it is crucial to seek legal advice early enough to ensure that all evidence is gathered 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 chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can examine these claims and pursue them 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 birth injuries:

Medical Malpractice

Birth defects can lead to a wide range of physical or mental problems. Some of them could be fatal. Some of these issues could be caused by genetics and others may be caused by environmental exposures or prescription drugs taken during pregnancy.

A doctor or medical professional may be accused of negligence in the event of causing birth defects through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. They also encompass any other perform a task that is not within the standard of medical care, like, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of situation involves a drug known as teratogens, which could cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should make a claim.

It is crucial to select an attorney who has handled these kinds of cases. You should seek out an attorney who has experience in this field and works on contingency, so you don't pay any fees until you win. Also, search for an attorney who has strong communication and negotiation abilities. This will help ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, which require costly medical care and accommodations for the child. These problems are usually caused by genetics, but can also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products properly and inform the public about any potential dangers. Unfortunately some pharmaceutical companies don't keep up-to-date with current research or fail to anticipate possible side consequences. Some doctors prescribe dangerous drugs to their patients, and some women aren't aware of the dangers associated with taking certain medications while pregnant. These drugs are known as teratogens and could cause birth defects in the fetus, such as spina bifida.

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

If you decide to file an action against the parties that are accountable for your child's health it is essential to gather as much evidence as you can. Included in this are any ultrasound images and blood tests as well as medical bills that are incurred due to. This information helps attorneys determine the value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful events in a woman's lifetime. It's also a time where many medical professionals make mistakes that could cause birth defects. An experienced attorney can assist parents file a claim against those responsible for their child's disability and acquire the proper compensation they're entitled to.

Medical experts aren't always able to determine the exact cause of birth defects, however a large number can be due to environmental or chemical exposure. This could include contact from parents with toxic chemicals at the workplace, like solvents and glycol ethers used in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as spraying on crops.

The manufacturers and the people who prescribe medication 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 risk 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 pharmaceutical and chemical companies. He focuses his practice on cases where birth defects result from exposure to toxic chemicals in the home by parents such as those used in semiconductor manufacturing or agriculture. He graduated of the American University in Washington, D.C. and Suffolk University Law School.