Birth Defect Litigation

Parents want perfect babies However, some injuries occur out of their control. Families are left with a huge bill when injuries require costly procedures and special attention.

A New York birth defect attorney can assist parents in shock to file a claim to get compensation for future expenses. The law has strict time limitations on when a claim can be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce risks associated with pregnancy, childbirth and birth. Birth defects and injuries continue to occur. Families must consider their legal options if they are preventable.

Many birth defect suits are founded on allegations of medical malpractice that occurred. These cases can involve mistakes committed by nurses or doctors personnel at any stage of the birth process, including labor and pregnancy. In addition medical professionals can be guilty of medical malpractice after the birth of a child by failing to provide proper treatment.

Generally, the time limit for these cases is 2.5 years from the date of the occurrence of medical negligence. For infants, the time period may be extended. It is important to consult a lawyer early enough to ensure that all evidence is collected and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit 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. Specially trained birth Defect lawsuit defect lawyers can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can result in numerous mental or physical issues. Some of them could be fatal. Some of these issues are caused by genetics, while others are caused by exposure to environmental factors or the usage of prescription drugs during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defects as a result of their actions or inaction. These cases usually involve medical negligence during the birth defect lawyer or labor process. They also encompass any act which falls below a standard of medical care, like failing to recognize an illness or prescribing the wrong medication during pregnancy.

One example of case is a medication called teratogens. It can cause birth defects that are serious. Doctors usually 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 drug, she should submit a claim.

It is essential to choose an attorney with prior experience in these types of cases. Find a law firm that has a specialization in this area and operates on an on a contingency basis, meaning there is no cost unless you win. Also, you should look for an attorney who has strong communication and negotiation skills. This will help to ensure that you submit your claim before the time limit expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require costly medical care and accommodations for the child. Often, these conditions are genetically inherited, but some of them are caused by chemical or environmental exposure, or by medications the mother consumed during pregnancy.

Drug makers are required to adequately test their products and warn consumers about any risks. Unfortunately, some pharmaceutical companies do not keep up with the latest research or anticipate possible side consequences. Some doctors prescribe dangerous drugs to their patients. Moreover, some women aren't aware of the dangers associated with using certain drugs during pregnancy. These drugs, known as teratogens, can cause birth defects, including spina-bifida, in the fetus.

Other substances that may cause birth defects are chemicals employed in the production and agricultural industries as well as heavy metals, Birth defect lawsuit like mercury that are contaminating air or groundwater. Diane Paolicelli's legal profession has been dedicated to combating powerful corporations that expose women to harmful chemicals and substances that could harm their reproductive health or lead to birth defects.

It is crucial to gather as all evidence you can prior to filing a suit against the party responsible. This includes ultrasound images, blood tests and medical bills that came up as a result of the birth defect. This helps the attorney establish the worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful times in a woman's life. But it's also a time where medical professionals often make mistakes that could lead to birth defects. A reputable attorney can assist parents in filing claims and getting the money they deserve from the people responsible for the disabilities of their child.

While the causes of birth defects are typically unknown to medical experts but a large proportion of birth defects can be linked with exposure to chemicals or the environment. This may include contact by parents with toxic chemicals at the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing and agricultural chemicals used for pesticides and spraying of crops.

Additionally, the manufacturers and those who prescribe prescription medicines have a responsibility to inform patients of the risks. However, a significant portion of these drugs are marketed off-label for women of childbearing age without proper warnings about the potential for birth defects. This is especially applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases involving the occurrence birth defects that result from parental exposure to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.