Birth Defect Litigation

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

A New York birth defect lawyer can assist parents in filing claims and receive compensation to pay for future expenses. However, the law has strict deadlines the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advances have reduced the risks related to pregnancy, childbirth and birth. Birth defects and injuries do continue to occur. Families should consider their legal options when they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases may involve errors committed by nurses or doctors personnel at any stage of the birth process, including labor and pregnancy. Additionally, medical professionals can commit medical malpractice following a child's birth defect Lawsuit when they fail to provide proper care.

In general the statute of limitation for these cases is 2.5 years from the date of the medical malpractice. For infants, this time period can be extended. But, it is crucial to seek legal advice immediately to ensure that all evidence is gathered and that a timely claim can be filed.

A lawsuit can be filed on behalf of a baby for birth defects caused by toxic and chemical exposures during the pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit parents should consider the following characteristics:

Medical Malpractice

Birth defects can lead to various mental and physical ailments. Some birth defects may be fatal. Some of these problems may be caused by genetics while others are caused by environmental exposures or prescription medications used during pregnancy.

A medical professional or doctor could be accused of malpractice in the event of causing birth defects through their actions or inaction. These cases usually involve medical negligence during the birth or labor process. They also encompass any do something that is below the standard of medical treatment, for instance not diagnosing an illness or prescribing the wrong medication during pregnancy.

One example involves the teratogens. These drugs can cause serious birth defects. When pregnant, doctors usually advise women to avoid taking this medication, which is commonly used in the treatment of seizures. If the woman is exposed to the drug then she must file a claim.

It is vital to select an attorney who has experience in these types of cases. Find a firm that has a specialization in this field and operates on an hourly basis, which means you won't have to pay a dime unless you are successful. Also, you should look for an attorney with excellent negotiation and communication abilities. This will ensure that you submit your claim before the time for filing expires.

Prescription Drugs

Many birth defects lead to physical or mental disabilities, that require costly medical treatment and accommodations for the child. These problems are usually genetic, but they can also be caused by chemical or environmental exposure or Birth Defect Lawsuit the use of medications by the mother during pregnancy.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and inform the public of any risks that could be present. Unfortunately certain pharmaceutical companies do not keep up with the latest research or anticipate potential side consequences. Some doctors prescribe dangerous drugs to their patients, and some women are not aware of the dangers associated with taking certain drugs while pregnant. These medications, also known as teratogens may cause birth defects, such as spina-bifida, in the fetus.

Other substances that may cause birth defects are chemicals that are used in manufacturing and agriculture and heavy metals such as mercury that are contaminating groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and other substances that harm their reproductive health and lead to birth defects.

When filing lawsuits against the people who are responsible for your child's illness, it is important to gather the most evidence you can. Included in this are ultrasound images and blood tests as well as medical bills that are incurred due to. This allows the attorney to determine the worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking moments in a woman's life. But it's also a period when medical professionals can make mistakes that could cause birth defects. An experienced attorney can help parents in submitting claims and getting the compensation they deserve against those responsible for the handicap of their child.

Medical experts are not always able to pinpoint the exact cause of birth defects, however many of them can be attributable to environmental or chemical exposure. This can be due to exposure by parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

Additionally, the manufacturers and those who prescribe prescription drugs have a responsibility to warn people of their risks. However, birth Defect Lawsuit a significant portion of these drugs are marketed off-label for women of childbearing age without warnings regarding the potential for birth 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 pharmaceutical and chemical companies. He concentrates his practice on cases where birth defect attorney defects are caused by exposure to toxic chemicals by parents, such as those used in semiconductor manufacturing or agricultural. He is a graduate from the American University in Washington, D.C. as well as Suffolk University Law School.