Birth Defect Litigation

Certain injuries are beyond the parents or their control. Families can be left with huge bills when these injuries require expensive procedures and special treatment.

A New York birth defect lawyer can assist parents who are stunned to file a claim and get compensation to pay for future expenses. However, the law has strict deadlines when a claim needs to be filed.

Statute of Limitations

Modern technology and Birth defect Lawsuit medical advances have helped to reduce the risks associated with pregnancy and childbirth. Birth Defect lawsuit defects and injuries do still occur. Families must consider their legal options when they are preventable.

Many birth defect lawsuits are based on allegations of medical malpractice that occurred. These cases can involve mistakes made by nurses or doctors personnel at any stage of labor, pregnancy and birth. Medical professionals can also be guilty of malpractice following the birth of a child in the event that they fail to provide appropriate treatment.

In general, the statutes of limitations for these cases is 2.5 years from the date of the medical negligence. For infants, birth defect lawsuit the time is sometimes extended. It is important to consult an attorney as soon as you can to ensure that all the evidence is gathered and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims 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

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

A doctor or medical professional could be accused of misconduct in the event of causing a birth defect through their actions or inaction. The majority of these cases are due to medical negligence during delivery or labor. They can also include any act of failure to act which falls below a standard of medical care, like the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of situation involves a drug called teratogens. It can cause serious birth defect attorneys defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug, then she should submit an action.

It is essential to choose an attorney with previous experience in these cases. Find a firm that is specialized in this area and works on a contingency basis, so there is no cost unless you are successful. Choose an attorney with great negotiation and communication skills. This will help to ensure that you submit your claim before the time limit expires.

Prescription Drugs

A variety of birth defects cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. The majority of these problems are genetically inherited, but some can be caused by chemical or environmental exposure, or by medications the mother took while pregnant.

Drug manufacturers are required to test their products thoroughly and inform consumers of any potential risks. Unfortunately some pharmaceutical companies fail to keep up-to-date with current research or fail to anticipate potential side consequences. Certain doctors prescribe dangerous medications to their patients, and some women are not informed about the dangers associated with taking certain drugs while pregnant. These drugs are referred to as teratogens. They can cause birth defects within the fetus, including spina Bifida.

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

It is crucial to gather as the evidence you can prior to filing a suit against the parties responsible. This includes any ultrasound images, blood tests and medical bills incurred because of the birth defect. This information assists the attorney assess the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful times in a woman's life. It's also a time when medical professionals can make mistakes that can lead to birth defects. An experienced attorney can help parents file a claim against those responsible for their child's condition and obtain the justice they deserve.

Although the causes of birth defects are usually not understood by medical professionals however, a significant proportion can be linked to exposure to chemicals or environmental causes. This may include contact by parents with toxic chemicals at the workplace, like glycol ethers and solvents used in semiconductor manufacturing as well as chemical pesticides used in agriculture and spraying on crops.

Furthermore, manufacturers and those who prescribe prescription drugs must inform people about the risks. A large portion of these drugs are offered to women who are pregnant, without warnings about the possibility of birth defect. This is particularly the case with 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 focuses on cases involving the occurrence birth defects that result from exposure of parents to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C. and Suffolk University Law School.