Birth Defect Litigation

Some injuries are out of the parents of their control. Families could be faced with a large bill when injuries require costly procedures and special care.

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

Statute of limitations

Modern medical technology and advancements in medical science have aided in reducing the risks associated with childbirth, pregnancy and birth. However birth defects and injuries can still occur. Families need to explore their legal options if they can be prevented.

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can result from mistakes made by nurses or doctors personnel at any stage of labor, pregnancy and birth. Additionally medical professionals can be guilty of medical malpractice following the birth of a child in the event that they fail to provide the correct treatment.

Generally speaking, the time-limit for these cases is generally 2.5 years from the date of the incident of medical malpractice. For infants, this can be extended. However, it is essential to seek legal counsel early enough to ensure that all evidence is obtained and that a timely claim be filed.

A lawsuit may be filed on behalf of a baby for birth defects caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can examine the claims and then prosecute them on behalf of the family.

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

Medical Malpractice

Birth defects can lead to various mental and physical issues. Some birth defects can cause death. Some of these issues are inherited, whereas others are caused by exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects by their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they can also include any act or failure to act that is in violation of the medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One of these cases involves teratogens. These drugs can result in serious birth defects. When pregnant, doctors usually advise women to stay clear of this medication, which is commonly used to treat seizures. If a pregnant woman is exposed to this medication, she must submit an insurance claim.

It is important to select an attorney with experience handling these types of cases. Find a firm that is experienced in this area, and works on the basis of a contingent fee, which means you won't have to pay a dime unless you succeed. Also, you should look for an attorney who has strong communication and negotiation skills. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many Birth Defect Attorney (Vimeo.Com) defects result in mental or physical disabilities, that require expensive medical treatment and accommodations for the child. These disorders are usually genetic, 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 thoroughly and warn consumers of any risks. Sadly certain pharmaceutical companies do not keep up with the latest research or anticipate the potential adverse consequences. Certain doctors prescribe dangerous drugs to their patients, and some women are not informed about the risks of taking certain drugs while pregnant. These drugs are known as teratogens. They can cause birth defects in the fetus, such as spina Bifida.

Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury which pollute groundwater and air. Diane Paolicelli's legal career is dedicated to fighting powerful corporations who expose women to toxic chemicals and substances that could harm their reproductive health or lead to birth defects.

When bringing lawsuits against the people that are accountable for your child's health it is crucial to gather as much evidence as you can. This includes ultrasound images, blood tests and medical bills incurred due to the birth defect. This assists the attorney in determining the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful events in a woman's lifetime. It's also a time where medical professionals often make mistakes that can cause birth defects. A top lawyer can assist parents in submitting an appeal and gaining the compensation they deserve against those who are responsible for the impairment of their child.

While the causes of birth defects are typically unknown to medical experts however, a significant proportion are linked to exposure to chemicals or environmental causes. This can include exposure by parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

Manufacturers and those who prescribe medications also have a duty to inform the public about the risks. Yet, a substantial portion of these drugs are offered off-label for women of childbearing age without proper warnings about the risk of birth defects. This is especially true for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects are caused by exposure to toxic chemicals by parents such as those that are employed in the manufacture of semiconductors or in agriculture. He is a graduate of American University in Washington, D.C. and birth defect attorney Suffolk University Law School.