Birth Defect Litigation

Some injuries are out of the parents or their control. Families could be faced with huge bills when these injuries require costly procedures and specialized care.

A New York birth defect attorney can help parents shocked to file a claim to get compensation for future expenses. The law has strict time limits on when a claim can be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks associated with pregnancy and childbirth. However, birth defects and injuries still occur. Families need to explore their legal options when they are preventable.

Many birth defect lawsuits are made on the basis of accusations of medical malpractice. These cases may involve mistakes made by doctors or nurses at any time during the birth, labor and delivery procedures. Medical professionals may also be negligent following the birth of a baby when they fail to provide the proper treatment.

Generally speaking, the time-limit for these cases is 2.5 years from the date of the act of medical negligence. This time frame may be extended for infants. It is essential to speak with an attorney immediately to ensure that all evidence is gathered and that a timely complaint be filed.

In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defects caused by wrongful toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers are able to investigate the claims and then prosecute them on behalf of the family.

When choosing an attorney for a birth defect or birth injury lawsuit, parents should look for the following qualities:

Medical Malpractice

oceanside birth defect lawyer defects can cause various physical and mental problems. Some of them may even be fatal. Some of these problems are caused by genetics, while others are caused by exposure to environmental factors or the use of prescribed drugs during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects by their actions or inaction. The most common cases involve medical negligence during the birth or labor process. They can also be a result of any other do something that is below the standard of medical care, such as not diagnosing an illness or prescribing the wrong medication during pregnancy.

One instance of case is a medication called teratogens, which can 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 should make an insurance claim.

It is important that you choose an attorney with prior experience in these types of cases. Find a firm that specializes in this area and operates on the basis of a contingent fee, which means you don't have to pay any fees unless you are successful. Choose an attorney with outstanding negotiation and communication skills. This will help to ensure that you submit your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects cause physical or mental disabilities that require costly medical treatment and accommodations for the child. Most of the time, these issues are genetic, however some can be caused by chemical or environmental exposure, or the medications the mother consumed during pregnancy.

Pharmaceutical companies are required to test their products properly and warn the public of any risks that could be present. Unfortunately some pharmaceutical companies are not keeping up to date with the latest research or fail to anticipate potential adverse effects. Some doctors recommend dangerous drugs to their patients. Moreover, some women are not aware of the dangers associated with taking certain drugs while pregnant. These drugs are known as teratogens. They could cause birth defects in the fetus. This includes spina bifida.

Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, as well as heavy metals such as mercury that pollute groundwater and 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 lead to birth defects.

It is crucial to collect as much evidence as you can prior to filing a suit against the party responsible. This includes any blood tests, ultrasound images, and medical bills that arise because of the birth defect. This will help the attorney determine the financial worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking experiences in a woman's lifetime. It's also a time where many medical professionals make mistakes that could lead to birth defects. A reputable attorney can assist parents in filing an appeal and gaining the money they deserve from those who are responsible for lawsuits the impairment of their child.

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

Manufacturers and those who prescribe medications must also warn the public about their risks. A majority of these drugs are marketed to women who are expecting without warnings of the possibility of birth defects. This is especially applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. His practice is centered around cases where birth defects result from exposure to toxic chemicals by parents like those employed in semiconductor manufacturing or farming. He graduated of the American University in Washington, D.C. and Suffolk University Law School.