Birth Defect Litigation

Parents want perfect babies However, some injuries occur out of their control. If these injuries require special care and costly procedures, it can leave families with huge expenses.

A New York birth defect attorney can assist parents grieving and file claims to obtain compensation for future expenses. However, the law places strict deadlines when a claim needs to be filed.

Statute of limitations

Modern medical technology and advancements in medical science have aided in reducing the risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries do persist. Families must consider their legal options if they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve mistakes made by nurses or doctors personnel at any stage of the birth process, including labor and pregnancy. Medical professionals can also be negligent following the birth of a baby when they fail to provide the proper treatment.

In general the statute of limitations for these cases are 2.5 years after the date of the medical error. For infants, this time period may be extended. It is nevertheless important to seek legal counsel immediately to ensure that all evidence is collected and that a timely claim be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of an infant for miami birth defect lawsuit defects caused by improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can look into these claims and prosecute them on behalf of the family.

Parents should take into consideration the following qualities when selecting an attorney to represent their interests in a lawsuit filed for birth defects or injuries:

Medical Malpractice

Birth defects can result in many physical or mental problems. Some of them may even be fatal. Some of these issues are inherited, while others are caused by exposure to the environment or the use of prescribed drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects by their actions or inaction. These cases usually involve medical negligence during labor or delivery. However, they can include any act or inability to act in excess of the medical standard of care, like not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One of these cases involves teratogens. These drugs can cause serious birth defects. During pregnancy, doctors typically recommend women not to take this medication, which is utilized to treat seizures. If a woman is exposed to the drug, she must submit an action.

It is crucial to choose an attorney who has previous experience in these cases. Choose a law firm that is specialized in this area, and works on an on a contingency basis, meaning you don't have to pay any fees unless you are successful. Find an attorney who has an excellent ability to communicate and negotiate. This will ensure that you submit your claim before the statute of limitation expires.

Prescription Drugs

A lot of birth defects can cause physical or mental disabilities, which require costly medical care and accommodations for the child. The majority of these problems are inherited, but a few can be caused by chemical or environmental exposure, or medications that the mother was taking during pregnancy.

Drug manufacturers are required to adequately test their products and warn consumers about any risks. Unfortunately, some pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate possible side consequences. Additionally, doctors can prescribe dangerous medications to their patients and women may not have adequate information about the risks associated with taking certain drugs during pregnancy. These drugs, miami birth defect Lawsuit known as teratogens, may cause birth defects, such as spina-bifida in the fetus.

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

When bringing a lawsuit against the parties responsible for your child's condition it is crucial to gather as much evidence as you can. This includes ultrasound scans, blood tests, and medical bills that arose because of the birth defect. This helps the attorney establish the monetary worth of the case.

Product Liability

Pregnancy is among the most exciting and anxious experiences of women's lives. But it's also a period where many medical professionals make mistakes that can cause birth defects. A top lawyer can assist parents in filing an action and obtaining the money they deserve from the people responsible for the disabilities of their child.

Medical experts aren't always able determine the root of birth defects, but a large number can be attributable to environmental or chemical exposure. This can include exposure by parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in spraying for crops and pesticides.

Manufacturers and those who prescribe medications must also warn the public about the risks. A majority of these medications are sold to women who are pregnant, without warnings about the risk of birth defects. This is especially 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 chemical and pharmaceutical companies. His practice focuses on cases involving the occurrence birth defects due to parental exposure to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He is a graduate of the American University in Washington, D.C. and Suffolk University Law School.