birth defect law firms Defect Litigation

Parents want their children to be perfect However, some injuries occur out of their control. Families could be faced with a large bill when injuries require expensive procedures and specialized care.

A New York birth defect attorney can assist parents grieving and 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 helped reduce the risks of childbirth and pregnancy. Birth defects and injuries do persist. Families need to consider their legal options when they are preventable.

Many birth defect suits are based on allegations of medical malpractice that occurred. These cases may involve errors made by nurses or doctors staff at any stage of labor, pregnancy and birth. Medical professionals may also commit malpractice after the birth of a child in the event that they fail to provide appropriate treatment.

Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the act of medical malpractice. This time period may be extended for infants. It is nevertheless important to seek legal advice early enough to ensure that all evidence is obtained and that a timely claim be filed.

In addition to medical malpractice, a suit may also be filed on behalf of an infant for birth defects caused by wrongful exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defects lawyers can look into the claims and then prosecute them on behalf of the family.

Parents should be aware of the following qualities when selecting an attorney to represent them in a suit for birth defect or injury:

Medical Malpractice

Birth defects can result in an array of mental or physical ailments. Certain birth defects can cause death. Some of these problems may be genetic and others may be caused by exposure to the environment or prescription medications taken during pregnancy.

A medical professional or doctor could be accused of malpractice in the event of causing birth defects due to their actions or inaction. These cases usually involve medical negligence during labor or delivery. They may also involve any perform a task that is not within the standard of medical treatment, for instance, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of this type of case involves a medication called teratogens. It can cause serious birth defects. When pregnant, doctors usually recommend women not to take this medication, which is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should submit a claim.

It is important to choose an attorney with experience handling these kinds of cases. You should choose a firm that has experience in this field and operates on contingency basis, which means you don't pay anything until you win. Find an attorney who has great negotiation and communication skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

A variety of birth defects cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. Most often, these disorders are genetically inherited, but some of them may be caused by chemical or environmental exposure, or medications that the mother consumed during pregnancy.

Drug makers are required to thoroughly test their products and warn consumers about any risks. Unfortunately certain pharmaceutical companies don't keep up-to-date with current research or fail to anticipate potential adverse consequences. Some doctors recommend dangerous drugs to their patients and some women aren't aware of the dangers associated with taking certain medications while pregnant. These drugs are referred to as teratogens, and they could cause birth defects in the fetus, including spina Bifida.

Other substances that may cause birth defects include chemicals that are used in manufacturing and agriculture and heavy metals like mercury, which are contaminating the groundwater or air. Diane Paolicelli's legal career is dedicated to combating powerful corporations that expose women to harmful substances and birth defects chemicals that can cause harm to their reproductive health and lead to birth defects.

When bringing a lawsuit against the parties that are accountable for your child's health it is essential to gather the most evidence you can. This includes ultrasound images, blood tests and medical bills that arise as a result of the birth defect. This information assists attorneys determine the worth of the case.

Product Liability

Pregnancy is among the most exciting, but stressful experiences in women's lives. It's also a time where many medical professionals make mistakes that could lead to birth defects. An experienced attorney can help parents in filing an action and obtaining the compensation they deserve from those responsible for the disability of their child.

Medical experts aren't always able of determining the specific cause of birth defects, but most of them can be attributable to environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.

Manufacturers and those who prescribe medications are also required to inform the public about their risks. However, a significant portion of these medications are sold off-label for women of childbearing age without warnings regarding the potential for birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects result from exposure of parents to toxic chemicals like those used in the manufacture of semiconductors or in agriculture. He graduated of the American University in Washington, D.C. and Suffolk University Law School.