Birth Defect Litigation

Certain injuries are beyond the parents or their control. When these injuries require special treatment and costly procedures, it can result in huge costs for families.

A New York birth defect attorney can help parents grieving and file an action to receive compensation for future expenses. The law has strict deadlines on when a claim can be filed.

Statute of Limitations

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

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors personnel at any stage of labor, birth and pregnancy. In addition medical professionals may be guilty of medical malpractice after the birth of a child if they fail to provide proper care.

In general the statute of limitations in these cases is 2.5 years from the date of the medical mistake. This time frame is extended for infants. It is important to consult an attorney early enough to ensure that all the evidence is collected and that a timely complaint be filed.

A lawsuit may be filed on behalf of a child to claim birth defects caused by chemical and toxic exposures during pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

Parents should consider the following aspects when choosing an attorney to represent them in a suit for birth injury or defect:

Medical Malpractice

Birth defects can result in numerous mental or physical ailments. Some of them can be fatal. Some of these problems are inherited, whereas others are due to environmental exposures or the use of prescribed drugs 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 based on medical negligence in labor or delivery. However, they may also be a result of any action or failure to act in excess of the medical standard of care, like not diagnosing a medical condition or birth defect attorney prescribing the wrong medicine during pregnancy.

One example is involving teratogens. These drugs can result in birth defects that are serious. During pregnancy, doctors typically advise women to stay clear of this medication, which is utilized to treat seizures. If a woman who is pregnant is exposed to this medication, she must submit an insurance claim.

It is essential to select an attorney who is experienced in handling these types of cases. Find a firm that specializes in this area, and works on a contingency basis, so you won't have to pay a dime unless you win. Find an attorney who has an excellent ability to communicate and negotiate. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects can cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. Often, these conditions are genetic, but some of them can be caused by environmental or chemical exposure, or medications that the mother was taking during pregnancy.

Drug makers are required to adequately test their products and inform consumers of any risks. Unfortunately certain pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate possible side effects. Moreover, doctors may prescribe dangerous drugs to their patients, and some women do not have adequate information about the risks associated with taking certain medications during pregnancy. These medications are referred to as teratogens. They could cause birth defects in the fetus, including spina Bifida.

Other substances that could cause birth defects include chemicals used in manufacturing and agriculture as well as heavy metals, like mercury that are contaminating groundwater or the air. Diane Paolicelli's legal career has been focused on combating powerful corporations that expose women to toxic chemicals and substances that may affect their reproductive health or lead to birth defect lawyer defects.

It is crucial to collect as much evidence as you can prior to filing a suit against the responsible parties. Included in this are any ultrasound images or blood tests, as well as medical bills incurred due to. This allows the attorney to determine the monetary worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful experiences a woman can go through in her life. It's also a time where medical professionals make mistakes that cause birth defects. An experienced attorney can assist parents bring a lawsuit against those responsible for their child's condition and receive the compensation they deserve.

Although the causes of birth defects are typically unknown to medical experts however, many of them are linked to exposure to chemicals or environmental factors. This may include contact by parents with toxic chemicals at the workplace, like glycol ethers and solvents used in semiconductor manufacturing, and agricultural chemicals for pesticides and spraying of crops.

In addition, the manufacturer and those who prescribe prescription medicines have a responsibility to inform consumers of the dangers. Yet, a substantial portion of these drugs are offered off-label for women of childbearing age without adequate warnings about the risk of southfield birth defect law firm defects. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases involving the occurrence birth defects resulting from parental exposure to toxic chemicals, including the ones used in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C., and Suffolk University Law School.