Birth Defect Litigation

Certain injuries are beyond the parents of their control. When these injuries require special treatment and expensive procedures, it could cause families to incur huge costs.

A New York birth defect lawyer can assist parents who are shocked to file a claim and get compensation to cover future expenses. However, the law places strict deadlines on when a claim should be filed.

Statute of limitations

Modern medical technology and advances have helped to reduce risks that are associated with childbirth, pregnancy and birth. However birth defects and injuries do occur. Families must consider their legal options if they are preventable.

Many birth defect lawsuits (this link) are based on accusations of medical malpractice. These cases may involve mistakes made by nurses or doctors at any point during the labor and delivery processes. Medical professionals can also be negligent after the birth of a baby in the event that they fail to provide appropriate treatment.

In general the statute of limitations for these cases is 2.5 years from the date of the medical error. This time frame may be extended for infants. However, it is essential to seek legal advice immediately to ensure that all evidence is obtained and that a timely claim be filed.

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

Parents should take into consideration the following aspects when choosing an attorney to represent them in a lawsuit involving birth defect law firms defect or injury:

Medical Malpractice

birth defect attorneys defects can result in a wide range of mental or physical problems. Some of them may even be fatal. Some of these problems are inherited, whereas others are due to exposure to environmental factors or the usage of prescription medications during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects as a result of their actions or inaction. These cases typically are based on medical negligence in delivery or labor. They may also involve any act of failure to do something that is below the standard of medical care, such as failing to recognize an illness or prescribing incorrect medication during pregnancy.

One example involves the teratogens. These medications can lead to serious birth defects. During pregnancy, doctors typically advise women to avoid taking this medication, which is used to treat seizures. If a pregnant woman is exposed to this medication, she must make an insurance claim.

It is essential to select an attorney who has handled these types of cases. Find a firm that specializes in this area, and works on an on a contingency basis, meaning you don't pay anything unless you are successful. Also, look for an attorney with excellent communication and negotiation abilities. This can help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects cause physical or mental disabilities, that require expensive medical treatment and birth defect lawsuits accommodations for the child. These problems are usually caused by genetics, but can also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.

Drug manufacturers are required to test their products correctly and birth defect lawsuits inform the public about any potential risks. Sadly certain pharmaceutical companies do not keep up with research or anticipate potential side consequences. Additionally, doctors can prescribe dangerous drugs to patients as well as some women do not have adequate information about the risks of taking certain drugs during pregnancy. These are known as teratogens and may cause birth defects in 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 can contaminate groundwater or air. Diane Paolicelli's legal career is dedicated to fighting powerful corporations that expose women to harmful substances and chemicals that can harm their reproductive health or cause birth defects.

When filing lawsuits against the parties accountable for your child's condition it is essential to gather as much evidence as possible. Included in this are ultrasound images as well as blood tests and medical bills that are incurred due to. This assists the attorney in determining the worth of the case.

Product Liability

Pregnancy can be one of the most exciting and anxious experiences of a woman's lifetime. It's also a time where many medical professionals can make mistakes that lead to birth defects. A top attorney can help parents to file a claim against the medical professionals responsible for their child's condition and acquire the proper compensation they're entitled to.

Medical experts aren't always able determine the causes of birth defects, but the majority of them can be caused by environmental or chemical exposure. This could include exposure of parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying crops and pesticides.

The manufacturers and the people who prescribe medicines also have a duty to warn the public about their risks. A majority of these drugs is marketed to women who are pregnant without warnings of the possibility of birth defects. This is particularly the case with antidepressants such as 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 where birth defects result from exposure to toxic chemicals in the home by parents such as those that are employed in the manufacture of semiconductors or in agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.