Birth Defect Litigation

Certain injuries are beyond the parents in their control. When injuries require specialized treatment and expensive procedures, it could cause families to incur huge costs.

A New York birth defect attorney can help parents in shock to file an appeal to be compensated for future expenses. However, the law places strict deadlines on the time a claim has to be filed.

Statute of limitations

Modern technology and medical advances have made it possible to reduce the risks associated with pregnancy, childbirth and birth. Birth defects and injuries still occur. Families should consider their legal options when they can be prevented.

Many birth defect suits are based on allegations that medical malpractice occurred. These lawsuits can be based on mistakes made by nurses or doctors at any point during the birth, labor and delivery processes. Additionally medical professionals can be guilty of medical malpractice after the birth of a child in the event that they fail to provide the proper treatment.

In general, the statutes of limitations in these cases are 2.5 years from the date of the medical mistake. For infants, this period can be extended. It is essential to speak with an attorney whenever you can to ensure that all the evidence is collected and that a timely complaint can be filed.

In addition to medical malpractice, a suit can also be brought on behalf of a baby for birth defects that result from wrongful toxic and chemical exposures that occur during the mother's pregnancy. Lawyers specially trained in birth defects are able to investigate these claims and prosecute them on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit, parents should look for the following characteristics:

Medical Malpractice

Birth defects can cause a variety of mental and physical ailments. Certain birth defects could be fatal. Some of these issues may be genetic, while others are caused by exposure to environmental factors or prescription drugs taken during pregnancy.

A medical professional or doctor could be accused of misconduct if they cause birth defects through their actions or inaction. The majority of these cases are based on medical negligence during delivery or labor. However, they could also comprise any act or failure to act that is in violation of the medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One example is involving the teratogens. These medications can cause serious birth defects. During pregnancy, doctors usually advise women to not take this medication, which is used in the treatment of seizures. If an individual is exposed to the drug then she should submit a claim.

It is important to choose an attorney who is experienced 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 win. Choose an attorney with an excellent ability to communicate and negotiate. This will help ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

A variety of birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. The majority of these problems are genetically inherited, but some of them can be caused by chemical or birth defects environmental exposure, or medications that the mother consumed during pregnancy.

Drug manufacturers are required to adequately test their products and inform consumers of any potential risks. Sadly, some pharmaceutical companies do not keep up with research or foresee potential side effects. Additionally, doctors can prescribe dangerous medications to their patients, and some women do not receive adequate information on the dangers of taking certain medications during pregnancy. These drugs are known as teratogens. They can cause birth defects within the fetus including spina bifida.

Other substances that can cause birth defects are the chemicals used in the manufacturing and agricultural 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 damage their reproductive health and cause birth defects.

If you are filing an action against the parties who are responsible for your child's illness It is crucial to gather as much evidence as you can. Included in this are any ultrasound images or blood tests, as well as medical bills 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 women's lives. However, it's also a time when many medical professionals make mistakes that could lead to birth defects. A top attorney can assist parents in submitting an action and obtaining the amount they deserve from those responsible for the handicap of their child.

Medical experts are not always able determine the root of birth defects, however many of them can be caused by environmental or chemical exposure. This can include parental exposure to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in crop spraying and birth defects pesticides.

The pharmaceutical companies and those who prescribe medications must also inform the public about their risks. A large number of these drugs are marketed to women who are pregnant without warnings of the potential for sandy birth defect lawyer defects. This is especially applicable to 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. He focuses his practice on cases where birth defects result from exposure to toxic chemicals by parents such as those that are used in the manufacture of semiconductors or in agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.