Birth Defect Litigation

Parents want their children to be perfect, but some injuries happen out of their control. When these injuries require special treatment and expensive procedures, it could result in huge costs for families.

A New York birth defect lawyer can assist parents in filing an appeal and obtain compensation to cover the cost of future expenses. However, the law puts strict deadlines for when a claim needs to be filed.

Statute of Limitations

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

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve errors made by nurses or doctors staff at any time during labor, birth and pregnancy. Medical professionals can also be negligent after the birth of a baby by failing to provide the correct treatment.

In general the statute of limitations in these cases are 2.5 years after the date of the medical malpractice. This time frame may be extended for infants. It is essential to speak with an attorney whenever you can to ensure that all evidence is gathered, and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of a baby for birth defect law firm defects that result from wrongful toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect - Sustainabilipedia.org, lawyers can investigate and pursue these claims on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit parents should consider the following characteristics:

Medical Malpractice

Birth defects can cause a wide range of mental or physical ailments. Some birth defects can be fatal. Some of these problems may be caused by genetics 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 a birth defect through their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they can also be a result of any action or failure to act in excess of a medical standard of care, like failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example of situation is a drug known as teratogens, which could cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug then she must file a claim.

It is important to select an attorney who has experience in handling these kinds of cases. Find a law firm that is experienced in this area, and works on a contingency basis, so you don't pay anything unless you succeed. Look for an attorney who has great negotiation and communication skills. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, that require costly medical treatment and accommodations for the child. Often, these conditions are genetically inherited, but some can be caused by environmental or chemical exposure or medication that the mother took during pregnancy.

Pharmaceutical manufacturers are required to test their products correctly and warn the public of any potential risks. Unfortunately, some pharmaceutical companies do not keep up-to-date with current research or fail to anticipate potential side consequences. Certain doctors prescribe dangerous drugs to their patients and some women aren't aware of the risks of taking certain drugs while pregnant. These drugs are referred to as teratogens. They can cause birth defects in the fetus. This includes spina Bifida.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals such as mercury that affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and substances that damage their reproductive health and cause birth defects.

It is crucial to collect as all evidence you can before filing a suit against the party responsible. This includes any ultrasound images, blood tests and medical bills that came up due to the birth defect. This information can help the attorney determine the worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful moments in a woman's life. But it's also a period where many medical professionals make mistakes that could cause birth defects. A top lawyer can assist parents in submitting a claim and obtaining the compensation they deserve against those responsible for the handicap of their child.

While the causes of birth defects are often unknown to medical experts but a large proportion of birth defects can be attributed with exposure to chemicals or the environment. This could include contact from parents with toxic chemicals in the workplace, like solvents and glycol ethers used in semiconductor manufacturing as well as agricultural chemicals for pesticides and spraying crops.

The manufacturers and the people who prescribe medication must also inform the public about the dangers of their products. Yet, a large percentage of these drugs are marketed off-label to women who are pregnant age, without warnings about the risk of birth defect lawsuit defects. This is especially true for antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases involving the occurrence birth defects resulting from exposure of parents to toxic chemicals, including the ones used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.