birth defect law firm Defect Litigation

Some injuries are beyond the parents of their control. When these injuries require special treatment and costly procedures, it can cause families to be faced with massive costs.

A New York birth defect lawyer can help stunned parents file claims and receive compensation to pay for future expenses. However, the law imposes strict deadlines when a claim must be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks associated with pregnancy and childbirth. However birth defects and injuries continue to occur. If they're preventable, families need to explore their legal options.

Many birth defect suits are based on accusations of medical malpractice. These cases can involve mistakes made by doctors or nursing staff at any time during labor, birth and pregnancy. In addition, medical professionals can commit medical malpractice following the bend birth defect lawyer (you can check here) of a child, in the event that they fail to provide the correct treatment.

Generally speaking, the time-limit for these cases is 2.5 years from when the act was committed of medical negligence. The time limit can be extended to infants. However, it is essential to seek legal advice early enough to ensure that all evidence is gathered and that a timely claim be filed.

A lawsuit may be filed on behalf of a child for birth defects that are caused by toxic and chemical exposures during pregnancy. Specially trained birth defects lawyers can investigate these claims and prosecute them on behalf of the family.

Parents should take into consideration the following factors when choosing an attorney to represent them in a suit for birth injury or defect:

Medical Malpractice

Birth defects can result in numerous physical or mental problems. Some birth defects can cause death. Some of these issues are caused by genetics, while others are caused by exposure to the environment or the use of prescription medications during pregnancy.

A medical professional or doctor could be accused of malpractice if they cause birth defects through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. They can also be a result of any other be in compliance with a standard of medical care, such as the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One example is involving the teratogens. These medications can cause birth defects that are serious. During pregnancy, doctors usually advise women to stay clear of this medication, which is used in the treatment of seizures. If a pregnant woman is exposed to this drug, she should make a claim.

It is important that you select an attorney who has previous experience in these cases. Find a firm that is specialized in this field and operates on an hourly basis, which means you won't have to pay a dime unless you win. Also, search for an attorney who has strong communication and negotiation abilities. This will help to ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

A variety of birth defects cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. These issues are often genetic, but they can also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.

Drug makers are required to thoroughly test their products and inform consumers of any potential risks. Unfortunately, some pharmaceutical companies are not keeping up with the latest research or fail to anticipate potential side effects. Moreover, doctors may prescribe dangerous drugs to patients and women may not have adequate information about the risks of taking certain medications during pregnancy. These medications are referred to as teratogens and can cause birth defects within the fetus, such as spina bifida.

Other substances that could cause birth defects include chemicals used in agriculture and manufacturing, as well as heavy metals, like mercury that are contaminating groundwater and air. Diane Paolicelli's career in law has been focused on combating 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 much evidence as you can before filing a lawsuit against the parties responsible. Included in this are any ultrasound images, blood tests, and medical bills incurred as a result. This will help the attorney determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting, yet stressful experiences in the life of a woman. However, it's also a time when medical professionals can make mistakes that could lead to birth defects. A top lawyer can assist parents in submitting a claim and obtaining the compensation they deserve against those responsible for the handicap of their child.

While the causes of birth defects are often unknown to medical professionals but a large proportion of birth defects can be linked to 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 in spraying for crops and pesticides.

The manufacturers and the people who prescribe medicines must also warn the public about the dangers of their products. Yet, a substantial portion of these medications are sold off-label for women of childbearing age without proper warnings about the possibility of birth defects. This is particularly true for antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases involving the occurrence birth defects resulting from parental exposure to toxic chemicals, such as those used in semiconductor bend birth defect lawyer manufacturing as well as agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.