Birth Defect Litigation

Certain injuries are beyond the parents' control. If these injuries require special care and costly procedures, it could cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents who are shocked to file a claim and get compensation to cover future expenses. The law has strict time limitations on when a claim can be filed.

Statute of limitations

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

Many birth defect suits are based on claims of medical malpractice. These cases may involve errors made by nurses or doctors staff at any point during labor, pregnancy and birth. Medical professionals can also commit malpractice after the birth of a child by failing to provide the correct treatment.

In general the statute of limitations in these cases are 2.5 years from the date of the medical error. For infants, this time period can be extended. It is important to consult a lawyer early enough to ensure that all the evidence is gathered and that a timely complaint can be filed.

A lawsuit can be filed on behalf of a child for birth defects that are caused by chemical and toxic exposures during pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.

When choosing an attorney for a birth defect law firm defect or birth injury lawsuit parents should be looking for the following characteristics:

Medical Malpractice

Birth defects can lead to an array of physical or mental problems. Some birth defects may cause death. Some of these issues could be caused by genetics and others may be caused by exposure to the environment or prescription drugs used during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects through their actions or inaction. These cases are usually based on medical negligence in labor or delivery. However, they can be a result of any action or birth defect Law firms failure to act that is in violation of the medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One example is involving the teratogens. These medications can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should file a claim.

It is essential to select an attorney who has handled these types of cases. Look for a law firm that specializes in this area and works on an hourly basis, which means you won't have to pay a dime unless you are successful. Find an attorney who has excellent communication and negotiation skills. This will ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

A variety of birth defects cause physical or mental disabilities that require costly medical treatment and accommodations for the child. These problems are usually genetic, but they may also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.

Pharmaceutical companies are required to test their products properly and inform the public about any potential dangers. Sadly many pharmaceutical companies fail to keep up with research or anticipate the potential adverse effects. In addition, doctors can prescribe dangerous drugs to patients and some women do not get proper information about the risks associated with taking certain drugs during pregnancy. These drugs, known as teratogens may cause birth defects, including spina-bifida, which is a birth defect in the fe.

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

When filing lawsuits against the parties that are accountable for your child's health it is crucial to gather as much evidence as possible. This includes ultrasound images, blood tests and medical bills incurred because of the birth Defect law Firms defect. This allows the attorney to determine the monetary value of the case.

Product Liability

Pregnancy can be one of the most exciting, and nerve-wracking experiences in a woman's lifetime. But it's also a time where many medical professionals make mistakes that can cause birth defects. A top attorney can assist parents in submitting claims and getting the compensation they deserve against those responsible for the handicap of their child.

Medical experts aren't always able to determine the root of birth defects, however the majority of them can be attributable to environmental or chemical exposure. This may include contact by parents with toxic chemicals at the workplace, for example solvents and glycol ethers used in semiconductor manufacturing as well as chemical pesticides used in agriculture and spraying crops.

In addition, the manufacturer and those who prescribe prescription medications have a responsibility to warn people about the risks. A large portion of these medications are sold to pregnant women without warnings of the potential for birth defect. This is particularly applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases involving the occurrence of birth defects caused by exposure of parents to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.