Birth Defect Litigation

Some injuries are out of the parents' control. Families can be left with a huge bill when injuries require costly procedures and special care.

A New York birth defect attorney can assist parents in shock file claims to obtain compensation for future expenses. However, the law places strict deadlines on when a claim should be filed.

Statute of limitations

Modern technology and medical advancements have reduced the risks that are associated with childbirth, pregnancy and pittsburg birth defect lawyer. Birth defects and injuries persist. Families must consider their legal options if they can be prevented.

Many birth defect lawsuits are stemming from allegations of medical malpractice that occurred. These cases may involve errors made by nurses or doctors staff at any time during pregnancy, labor and birth. Medical professionals can also be guilty of malpractice following the birth of a baby by failing to provide the correct treatment.

In general the statute of limitations in these cases is 2.5 years from the date of the medical negligence. For infants this period can be extended. But, it is crucial to seek legal advice early enough to ensure that all evidence has been collected and that a timely claim be filed.

A lawsuit can be filed on behalf of a child to claim birth defects that are caused by toxic and chemical exposures during the pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases on behalf of the family.

Parents should take into consideration the following characteristics when choosing an attorney to represent them in a lawsuit for birth defects or injuries:

Medical Malpractice

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

A doctor or medical professional could be convicted 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 act which falls below a standard of medical care, like not diagnosing an illness or prescribing the wrong medication during pregnancy.

One example of this type of case involves a medication called teratogens, which can cause birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must file a claim.

It is crucial to select an attorney who has handled these types of cases. You should look for an attorney who has expertise in this area and is on contingency, which means you won't have to pay any fees until you win. Also, search for a lawyer with strong negotiation and communication abilities. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

A lot of birth defects can cause physical or mental disabilities, which require costly medical care and accommodations for the child. Most often, these disorders are genetically inherited, but some of them may be caused by environmental or chemical exposure or medication that the mother was taking during pregnancy.

Pharmaceutical manufacturers are required to adequately test their products and warn consumers about any risks. Unfortunately, some pharmaceutical companies do not keep up to date with the latest research or fail to anticipate possible adverse consequences. Certain doctors prescribe dangerous drugs to their patients, and some women are not aware of the risks associated with taking certain medications during pregnancy. These are known as teratogens, and they may cause birth defects in the fetus including spina bifida.

Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury, which pollute groundwater and air. Diane Paolicelli's career in law has been dedicated to combating powerful corporations that expose women to harmful substances and chemicals that can cause harm to their reproductive health and cause birth defects.

If you are filing lawsuits against the parties who are responsible for your child's illness it is crucial to gather the most evidence you can. This includes any ultrasound scans, blood tests and medical bills incurred as a result of the birth defect. This helps the attorney establish the monetary value of the case.

Product Liability

Pregnancy can be one of the most exciting and stressful experiences in women's lives. It's also the time that medical professionals can make mistakes that result in birth defects. A top attorney can assist parents in submitting a claim and obtaining the compensation they deserve from those responsible for the disability of their child.

Medical experts aren't always able determine the root of birth defects, but a large number can be attributed to chemical or birth defect attorney environmental exposure. This can include parental exposure to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

In addition, the manufacturer and those who prescribe prescription drugs have a responsibility to warn consumers of the dangers. A majority of these drugs are offered to women who are pregnant without warnings of the potential for birth defect. This is especially the case with antidepressants such as Prozac and Zoloft.

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