Birth Defect Litigation

Some injuries are out of the parents' control. Families could be faced with a huge bill when injuries require expensive procedures and special treatment.

A New York birth defect lawyer can help stunned parents file an appeal and obtain compensation to cover future expenses. However, the law imposes strict deadlines on the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks of childbirth and pregnancy. Birth defects and injuries do persist. When they are preventable, families should consider their legal options.

Many birth defect suits are stemming from allegations that medical malpractice occurred. These cases may involve mistakes committed by nurses or doctors at any point during the pregnancy, labor and delivery processes. Additionally, medical professionals can commit medical malpractice following the birth of a child, if they fail to provide proper treatment.

Generally, the statute of limitations in these cases is generally 2.5 years from when the act was committed of medical negligence. For infants, this time period can be extended. However, it is essential to seek legal counsel as soon as possible to ensure that all evidence is collected 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 examine these claims and bring them to trial on behalf of the family.

Parents should be aware of the following qualities when selecting an attorney to represent their interests in a lawsuit filed for birth defects or birth injuries:

Medical Malpractice

Birth defects can lead to various mental and physical ailments. Some birth defects can be fatal. Some of these problems are inherited, while others are due to exposure to environmental factors or the usage of prescription drugs during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects by their actions or inaction. These cases typically are based on medical negligence during labor or delivery. They may also involve any other act which falls below a standard of medical care, for example, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of this type of situation is a drug known as teratogens, which could cause birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug, then she should make an action.

It is important to select an attorney who has experience in handling these types of cases. It is best to choose a firm that has extensive experience in this field. It also operates on contingency basis, which means you don't have to pay anything until you are successful. Additionally, you should choose a lawyer who has excellent negotiation and communication skills. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

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

Drug manufacturers are required to test their products properly and warn the public of any potential risks. Unfortunately certain pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate potential side consequences. Certain doctors prescribe dangerous medications to their patients and some women aren't aware of the risks associated with using certain drugs during pregnancy. These drugs, also known as teratogens, may cause birth defects, like spina-bifida, in the fetus.

Other substances that could cause birth defects include chemicals used in manufacturing and agriculture in addition to heavy metals, like mercury, which are contaminating the air or groundwater. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that can damage their reproductive health and cause Gatlinburg Birth Defect Attorney defects.

When bringing a lawsuit against the parties that are accountable for your child's health, it is important to gather as much evidence as possible. This includes any ultrasound scans, blood tests and medical bills incurred as a result of the birth defect. This information helps the attorney to determine the value of the case.

Product Liability

Pregnancy is among the most exciting, yet stressful experiences in the life of a woman. It's also a time when many medical professionals can make mistakes that lead to birth defects. An experienced attorney can help parents in filing claims and getting the compensation they deserve against the people responsible for the disabilities of their child.

While the causes of birth defects are often unknown to medical experts however, many of them can be linked to exposure to chemicals or environmental causes. This could include contact from parents with toxic chemicals at the workplace, for example glycol ethers and solvents that are used in semiconductor manufacturing and agricultural chemicals used for pesticides as well as spraying on crops.

Additionally, the manufacturers and those who prescribe prescription medications must inform people about the risks. A large portion of these drugs are offered to pregnant women without warnings of the possibility of birth defects. This is especially true for 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. His practice is centered around cases that involve the occurrence of birth defects caused by parental exposure to toxic chemicals, gatlinburg birth defect attorney which includes those in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.