Birth Defect Litigation

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

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

Statute of Limitations

Modern technology and medical advancements have aided in reducing the risks that are associated with childbirth, pregnancy and birth. However parma birth defect law firm defects and injuries still occur. If they're preventable families must explore their legal options.

Many birth defect lawsuits are based on claims of medical malpractice. These lawsuits can result from mistakes made by nurses or doctors staff at any point during labor, birth and pregnancy. Medical professionals may also commit malpractice after the birth of a baby by failing to provide the correct treatment.

In general, the statutes of limitations for these cases are 2.5 years from the date of the medical negligence. For infants, this time can be extended. However, it is important to seek legal counsel as soon as you can to ensure that all evidence is collected and that a timely claim be filed.

In addition to medical malpractice, a suit can also be brought on behalf of a baby for birth birth defects caused by improper toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

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

Medical Malpractice

Birth defects can trigger many mental or physical problems. Some may even be fatal. Some of these problems may be caused by genetics and others may be caused through exposure to the environment or prescription medications taken during pregnancy.

A medical professional or doctor could be convicted of malpractice in the event of causing a birth defect through their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they can also include any act or inability to act in excess of the medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One of these cases involves 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 who is pregnant is exposed to this medication, she must file a claim.

It is essential to select an attorney with expertise in these kinds of cases. You should seek out a firm with experience in this field and is based on contingency, meaning that you don't pay any fees until you win. Look for an attorney with outstanding negotiation and communication skills. This will help ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

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

Drug manufacturers are required to ensure that their products are tested properly and warn the public of any risks that could be present. Unfortunately certain pharmaceutical companies do not keep up with research or anticipate potential side effects. Moreover, doctors may prescribe dangerous medications to their patients and women may not receive the correct information regarding the risks of taking certain medications during pregnancy. These are known as teratogens. They can cause birth defects within the fetus including spina Bifida.

Other substances that may cause birth defects include chemicals used in agriculture and manufacturing and heavy metals, like mercury that are contaminating groundwater and Birth air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and other substances that harm their reproductive health and cause birth defects.

It is important to collect as many evidences as you can before filing a suit against the party responsible. Included in this are any ultrasound images as well as blood tests and medical bills incurred due to. This information will help the attorney determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting and stressful experiences in the life of a woman. It's also the time that medical professionals are prone to making mistakes that result in birth defects. An experienced attorney can help parents in submitting an action and obtaining the compensation they deserve against those who are responsible for the impairment of their child.

Medical professionals aren't always able of determining the exact cause of birth defects, but many 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 in spraying for crops and pesticides.

The manufacturers and the people who prescribe medications are also required to warn the public about their risks. A large portion of these medications are sold to women who are pregnant without warnings about the possibility of birth defects. This is especially applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases where birth defects are caused by parental exposure to toxic chemical like those used in semiconductor manufacturing or agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.