Birth Defect Litigation

Certain injuries are beyond the parents of their control. Families can be left with a huge bill when injuries require expensive procedures and special care.

A New York birth defect attorney can assist parents in shock to file an action to receive compensation for future expenses. The law has strict deadlines for when claims can 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 continue to occur. If they're preventable, families need to explore their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors staff at any point during the birth process, including labor and pregnancy. In addition, medical professionals can commit medical malpractice after the birth of a child, when they fail to provide proper care.

Generally, birth defect attorney the time-limit for these cases is generally 2.5 years from the date of the act of medical negligence. For infants, the time period may be extended. It is essential to speak with a lawyer whenever you can to ensure that all evidence is gathered, and that a timely complaint can be filed.

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

Parents should be aware of the following qualities when selecting an attorney to represent them in a lawsuit for birth defects or injuries:

Medical Malpractice

Birth defects can cause various mental and physical ailments. Some may even be fatal. Some of these problems may be genetic, while others are caused by exposure to the environment or prescription medications taken during pregnancy.

A medical professional or doctor could be convicted of malpractice when 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 perform a task that is not within the standard of medical care, like the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One example involves the teratogens. These medications can lead to birth defects that are serious. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug then she must make an action.

It is important to select an attorney who has experience in handling these kinds of cases. Look for a law firm that specializes in this area and works on the basis of a contingent fee, which means you don't pay anything unless you get the case won. Look for an attorney with excellent communication and negotiation skills. This will help ensure that you file your claim before the time limit expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities, that require expensive medical treatment and accommodations for the child. Often, these conditions are genetic, but some of them can be caused by environmental or chemical exposure, or medications that the mother took while pregnant.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and inform consumers of any potential risks. Unfortunately, some pharmaceutical companies fail to keep up to date with the latest research or fail to anticipate possible side consequences. Some doctors prescribe dangerous drugs to their patients and some women are not aware of the risks of taking certain medications during pregnancy. These medications are referred to as teratogens and could cause birth defects in the fetus. This includes spina Bifida.

Other substances that can cause birth defect law firm 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's career in law has been dedicated to combating powerful corporations that expose women to harmful substances and chemicals that can affect their reproductive health or lead to birth defects.

If you decide to file lawsuits against the people that are accountable for your child's health, it is important to gather as much evidence as you can. Included in this are ultrasound images as well as blood tests and medical bills that are incurred as a result. This allows the attorney to determine the monetary value of the case.

Product Liability

Pregnancy can be one of the most exciting, and anxiety-inducing experiences in a woman's lifetime. It's also the time that medical professionals can make mistakes that cause birth defects. A reputable attorney can assist parents in submitting an action and obtaining the money they deserve from those who are responsible for the impairment of their child.

Although the causes of birth defects are often not understood by medical professionals but a large proportion of birth defects are linked with exposure to chemicals or the environment. This could be due to contact by parents with toxic chemicals at the workplace, such as glycol ethers and solvents used in semiconductor manufacturing and agricultural chemicals for Birth Defect Attorney pesticides and crop spraying.

The manufacturers and the people who prescribe medications are also obliged to warn the public about the dangers of their products. A large number of these drugs is marketed to pregnant women without warnings about the possibility of birth defect. This is particularly true for 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 is centered around cases involving the development of birth defects caused by parental exposure to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.