Birth Defect Litigation

Certain injuries are beyond the parents' control. Families may be left with huge debts when these injuries require costly procedures and special care.

A New York birth defect attorney can assist parents grieving and file an action to receive compensation for future expenses. However, the law puts strict deadlines on the time a claim has to be filed.

Statute of limitations

Modern technology and medical advances have aided in reducing the risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries do continue to occur. Families should consider their legal options when they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve errors made by nurses or doctors at any point in the labor and delivery processes. Medical professionals can also commit malpractice after the birth defect law firm of a child by failing to provide the correct treatment.

Generally, the time limit for these cases is 2.5 years from the date of the incident of medical malpractice. For infants, this can be extended. It is essential to talk with an attorney whenever you can to ensure that all the evidence is collected and that a timely complaint can be filed.

A lawsuit may be filed on behalf of a baby for birth defects that are caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can look into these claims and bring them to trial on behalf of the family.

Parents should consider the following characteristics when choosing an attorney to represent them in a lawsuit for birth defects or injuries:

Medical Malpractice

Birth defects can cause various mental and physical issues. Some of them could be fatal. Some of these issues may be caused by genetics while others are caused through exposure to the environment or prescription medications taken during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects as a result of their actions or inaction. The most common cases involve medical negligence during the birth or labor process. However, they could also include any act or failure to act that is in violation of the medical standard of care, like failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One of these cases involves teratogens. These drugs can result in birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should file an insurance claim.

It is vital to choose an attorney who has previous experience in these cases. You should choose an attorney who has expertise in this area and operates on contingency basis, which means you won't be charged nothing until you win. Also, you should look for an attorney who has strong negotiation and communication abilities. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

A lot of birth defects can cause physical or mental disabilities, which require expensive medical care and accommodations for the child. Often, these conditions are inherited, but a few can be caused by chemical or Defects environmental exposure or medication that the mother took during pregnancy.

Drug makers are required to thoroughly test their products and inform consumers of any risks. Unfortunately certain pharmaceutical companies do not keep up-to-date with current research or fail to anticipate possible side effects. Some doctors prescribe dangerous drugs to their patients. Some women are not informed about the risks of taking certain medications while pregnant. These drugs are known as teratogens, and they may cause birth defects in the fetus including spina bifida.

Other substances that could cause birth defects include chemicals employed in the production and agricultural industries, as well as heavy metals such as mercury that are contaminating groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and other substances that damage their reproductive health and lead to birth defects.

It is crucial to collect as much evidence as you can prior to making a claim against the parties responsible. Included in this are ultrasound images and defects blood tests as well as medical bills that are incurred due to. This assists the attorney in determining the financial worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxious experiences of a woman's lifetime. However, it's also a time when medical professionals can make mistakes that can lead to birth defects. An experienced attorney can help parents make a claim against those who are responsible for their child's disabilities and receive the amount of compensation they deserve.

Medical experts aren't always able to pinpoint the exact cause of birth defects, however the majority of them can be attributable to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals at the workplace, for example glycol ethers and solvents that are used in semiconductor manufacturing and agricultural chemicals used for pesticides as well as spraying on crops.

The manufacturers and the people who prescribe medicines are also required to inform the public about their risks. A large portion of these drugs are marketed to women who are pregnant without warnings of the possibility 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 pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects are caused by parental exposure to toxic chemical such as those employed in semiconductor manufacturing or farming. He graduated of the American University in Washington, D.C. and Suffolk University Law School.