birth defect lawyer Defect Litigation

Parents want perfect babies However, some injuries occur out of their control. Families could be faced with huge bills when these injuries require costly procedures and specialized care.

A New York birth defect attorney can help parents who are shocked to file an action to receive compensation for future expenses. The law has strict deadlines on when a claim may be filed.

Statute of Limitations

Modern technology and medical advances have reduced the risks associated with pregnancy, childbirth and birth. However, birth defects and injuries still occur. Families need to consider their legal options if they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve mistakes committed by nurses or doctors staff at any time during labor, birth and pregnancy. In addition medical professionals could be guilty of medical malpractice following the birth of a baby if they fail to provide proper care.

In general the statute of limitation for these cases is 2.5 years after the date of the medical malpractice. For infants, this time can be extended. It is essential to talk with an attorney whenever you can to ensure that all evidence is collected, and that a timely complaint can be filed.

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

When choosing an attorney for a birth injury or defect lawsuit, parents should look for the following qualities:

Medical Malpractice

Birth defects can cause a variety of mental and physical issues. Some of them can be fatal. Some of these problems are genetic, but others are due to exposure to the environment or the use of prescription drugs during pregnancy.

A medical professional or firm doctor could be accused of malpractice if they cause birth defects by their actions or inaction. These cases typically are due to medical negligence during delivery or labor. However, they can also include any act or failure to act that falls short of the medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One such type of situation is a drug called teratogens. It can cause 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 it is recommended that she make an insurance claim.

It is crucial to select an attorney with experience in these types of cases. You should choose an attorney with expertise in this area and is on contingency, which means you won't have to pay anything until you win. Look for an attorney with excellent communication and negotiation skills. This will help to ensure that you submit your claim before the time limit expires.

Prescription Drugs

A lot of birth defects can cause mental or physical disabilities which require costly medical care and accommodations for the child. Most often, these disorders are genetically inherited, but some can be caused by environmental or chemical exposure or medication that the mother was taking during pregnancy.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and inform the public of any potential dangers. Unfortunately, some pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate potential side effects. Some doctors recommend dangerous drugs to their patients and some women are not aware of the risks associated with taking certain drugs while pregnant. These drugs, also known as teratogens can cause birth defects, such as spina-bifida, in the fetus.

Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, as well as heavy metals such as mercury that contaminate air or groundwater. Diane Paolicelli's legal career is focused on fighting powerful corporations that expose women to harmful chemicals and substances that can damage their reproductive health or lead to birth defects.

It is important to collect as all evidence you can prior to filing a lawsuit against the party responsible. Included in this are ultrasound images or blood tests, as well as medical bills that are incurred as a result. This information can help the attorney assess the value of the case.

Product Liability

Pregnancy can be one of the most exciting and stressful experiences in the life of a woman. But it's also a time where many medical professionals make mistakes that can lead to birth defects. A top attorney can help parents bring a lawsuit against those responsible for their child's disability and get the amount of compensation they deserve.

Medical experts are not always able to 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 glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.

In addition, the manufacturer and those who prescribe prescription medicines have a responsibility to warn consumers of the dangers. A large portion of these drugs are offered to pregnant women without warnings about the risk of birth defects. This is especially 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. He concentrates his practice on cases where birth defects result from exposure to toxic chemicals in the home by parents like those employed in semiconductor manufacturing or agricultural. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.