Birth Defect Litigation

Parents want perfect children However, some accidents happen beyond their control. Families could be faced with a huge bill when injuries require costly procedures and special treatment.

A New York birth defect lawyer can assist parents who are stunned to file a claim and get compensation to cover future costs. However, the law imposes strict time limitations on the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks associated with childbirth and pregnancy. Birth defects and injuries do still occur. Families need to explore their legal options when they are preventable.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases can involve errors made by nurses or doctors at any time during labor and delivery procedures. Medical professionals can also be guilty of malpractice following the birth of a baby in the event that they fail to provide appropriate treatment.

Generally speaking, the time-limit for these cases is generally 2.5 years from the date of the incident of medical negligence. For infants this is sometimes extended. However, it is essential to seek legal counsel as soon as you can 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 that are caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can examine these claims and pursue them on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can lead to a variety of mental and physical ailments. Some may even be fatal. Certain of these problems could be genetic, while others are caused by exposure to environmental factors or prescription medications used during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defect lawyer defects by their actions or inaction. Most cases involve medical negligence during the birth or labor process. They also encompass any be in compliance with a standard of medical care, such as failing to recognize an illness or prescribing the wrong medication during pregnancy.

One example of this type of situation is a drug known as teratogens, which could cause birth defects that are serious. In the course of pregnancy, doctors generally advise women to avoid taking this medication, which is utilized in the treatment of seizures. If a pregnant woman is exposed to this medication, she must submit an insurance claim.

It is important to select an attorney who is experienced in handling these kinds of cases. Look for a law firm that specializes in this area 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 who has strong negotiation and communication abilities. This will help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to thoroughly test their products and warn consumers about any potential risks. Sadly many pharmaceutical companies do not keep up with research or anticipate the potential adverse consequences. Certain doctors prescribe dangerous drugs to their patients. Some women are not aware of the risks of taking certain medications during pregnancy. These drugs, known as teratogens, can cause birth defects, such as spina-bifida that can occur in the fetus.

Other substances that could cause birth defects include chemicals used in manufacturing and agriculture in addition to heavy metals, like mercury that are contaminating groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that could cause harm to their reproductive health and lead to birth defects.

It is essential to gather as many evidences as you can before making a claim against the parties responsible. This includes ultrasound images, blood tests and medical bills that arose as a result of the birth defect. This assists the attorney in determining the worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking moments in a woman's life. It's also the time when medical professionals can make mistakes that result in birth defects. An experienced attorney can help parents make a claim against those accountable for their child's handicap and acquire the amount of compensation they deserve.

While the causes of birth defects are usually not understood by medical professionals but a large proportion of birth defects can be linked with exposure to chemicals or birth defect lawyer the environment. This can include exposure by parents to toxic chemicals at work, such as glycol ethers and birth defect lawyer solvents in semiconductor manufacturing, and agricultural chemicals used in spraying for crops and pesticides.

The manufacturers and the people who prescribe medicines must also warn people about the dangers. A majority of these medications are sold to women who are pregnant, without warnings of the potential for birth defect. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawyer defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases where birth defects are caused by exposure of parents to toxic chemicals such as those that are used in semiconductor manufacturing or farming. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.