birth defect lawsuit Defect Litigation

Parents want perfect children However, some accidents happen out of their control. Families could be faced with a huge bill when injuries require costly procedures and special attention.

A New York birth defect attorney can assist parents shocked to file an action to receive compensation for future expenses. However, the law has strict time limitations on when a claim needs to be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks associated with pregnancy and childbirth. However birth defects and injuries do occur. If they're preventable families must consider their legal options.

Many birth defect suits are based on accusations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any point in the labor and birth processes. Medical professionals may also commit malpractice after the birth of a baby if they fail provide proper treatment.

Generally, the time limit for these cases is 2.5 years from the date of the occurrence of medical negligence. This time frame can be extended to infants. However, it is important to seek legal advice immediately to ensure that all evidence is obtained and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects caused by improper toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers are able to investigate these claims and pursue them on behalf of the family.

Parents should be aware of the following aspects when choosing an attorney to represent them in a lawsuit for birth defect attorney injury or defect:

Medical Malpractice

Birth defects can lead to various physical and mental problems. Some of them can be fatal. Some of these issues may be caused by genetics and others may be caused through exposure to the environment or prescription drugs used during pregnancy.

A medical professional or doctor could be accused of malpractice when they cause birth defects through their actions or inaction. These cases typically involve medical negligence during the birth or labor process. However, they can also be a result of any action or failure to act that is in violation of the medical standard of care, like failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example of situation is a drug called teratogens. This medication can cause serious birth defects. During pregnancy, doctors usually advise women to avoid taking this medication, which is used to treat seizures. If women are exposed to the drug then she should make a claim.

It is vital to select an attorney who has expertise in these kinds of cases. Find a law 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. Choose an attorney with excellent communication and negotiation skills. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. The majority of these problems are genetic, however some of them may be caused by chemical or environmental exposure, or by medications the mother was taking during pregnancy.

Drug manufacturers are required to test their products properly and warn the public of any risks that could be present. Sadly many pharmaceutical companies do not keep up with the latest research or anticipate the potential adverse consequences. Certain doctors prescribe dangerous medications to their patients. Some women are not informed about the risks associated with taking certain medications during pregnancy. These drugs, known as teratogens, may cause birth defects, like spina-bifida in the fetus.

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

It is crucial to collect as the evidence you can prior to filing a suit against the parties responsible. Included in this are ultrasound images and blood tests as well as medical bills incurred as a result. This information helps the attorney determine the worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful events in a woman's lifetime. It's also a time when many medical professionals can make mistakes that result in birth defects. A top attorney can assist parents in filing claims and getting the compensation they deserve against the people responsible for the disabilities of their child.

Although the causes of birth defects are typically unknown to medical professionals however, many of them can be attributed to exposure to chemicals or environmental factors. This can be due to exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for crop spraying and pesticides.

Manufacturers and those who prescribe medication must also warn the public about the dangers of their products. However, a lot of these drugs are sold off-label for women of childbearing age without warnings regarding the possibility of birth defects. This is especially applicable to 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 concentrates his practice on cases involving the development of birth defects caused by exposure of parents to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C., and Suffolk University Law School.