Birth Defect Litigation

Parents want their children to be perfect However, some accidents happen out of their control. Families are left with a huge bill when injuries require costly procedures and specialized care.

A New York birth defect lawyer can assist parents who are shocked to file a claim and get compensation to pay for future expenses. The law has strict deadlines on when claims can be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks associated with pregnancy and childbirth. birth defect attorney defects and injuries do remain a possibility. If they can be prevented, families must consider their legal options.

Many birth defect suits are founded on allegations of medical malpractice that occurred. These cases could involve mistakes committed by nurses or doctors at any time during birth, labor and delivery processes. Additionally medical professionals could be guilty of medical malpractice after the birth of a child, in the event that they fail to provide the proper treatment.

Generally speaking, the time-limit for these cases is 2.5 years from the date of the act of medical malpractice. The time limit is extended for infants. It is nevertheless important to seek legal advice immediately to ensure that all evidence has been collected and that a timely claim can be filed.

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

Parents should be aware of the following characteristics when choosing an attorney to represent their interests in a lawsuit filed for birth defects or birth injuries:

Medical Malpractice

Birth defects can cause many mental or physical problems. Some of them could be fatal. Some of these issues could be genetic and others may be caused through exposure to the environment or prescription medications taken during pregnancy.

A medical professional or doctor may be accused of negligence if they cause birth defects through their actions or inaction. The most common cases involve medical negligence during labor or delivery. They may also involve any act of failure to act which falls below a standard of medical care, such as failing to recognize an illness or prescribing incorrect medication during pregnancy.

One such case involves teratogens. These drugs can result in serious birth defects. When pregnant, doctors usually recommend women not to take this medication, attorneys which is utilized in the treatment of seizures. If a pregnant woman is exposed to this medication, she must make a claim.

It is crucial to select an attorney with experience handling these types of cases. Look for a law firm that specializes in this field and operates on the basis of a contingent fee, which means you don't pay anything unless you are successful. Also, search for an attorney who has strong negotiation and communication abilities. This will help ensure that you make your claim in time before the statute of limitations expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities which require costly medical care and accommodations for the child. These issues are often genetic, but they can also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to adequately test their products and warn consumers of any potential risks. Unfortunately many pharmaceutical companies fail to keep up with research or anticipate potential side consequences. Certain doctors prescribe dangerous drugs to their patients and some women aren't aware of the risks associated with taking certain medications while pregnant. These medications, also known as teratogens, can cause birth defects, including spina-bifida, in the fetus.

Other substances that may cause birth defects are chemicals used in manufacturing and agriculture, as well as heavy metals like mercury that are contaminating groundwater or the air. Diane Paolicelli's legal profession has been focused on fighting powerful corporations who expose women to harmful chemicals and substances that may cause harm to their reproductive health and cause birth defects.

It is essential to gather as much evidence as you can prior to filing a lawsuit against the responsible parties. This includes ultrasound scans, blood tests, and medical bills incurred because of the birth defect. This information assists attorneys determine the worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking events in a woman's lifetime. But it's also a period when medical professionals can make mistakes that could cause birth defects. A top attorney can help parents bring a lawsuit against those accountable for their child's handicap and obtain the proper compensation they're entitled to.

Medical experts are not always able determine the causes of birth defects, but many of them can be due to environmental or chemical exposure. This can include parental exposure to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in pesticides and attorneys crop spraying.

The manufacturers and the people who prescribe medications are also required to warn the public about the dangers of their products. A majority of these drugs are offered to pregnant women without warnings about the risk of birth defect. This is particularly 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 focuses his practice on cases where birth defects result from 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.