Birth Defect Litigation

Certain injuries are beyond the parents or their control. If injuries that result from these accidents require special care and costly procedures, it could result in huge costs for families.

A New York Birth Defect lawsuit (Vimeo.com) defect attorney can assist parents who are in shock file a claim to get compensation for future expenses. The law has strict time limitations on when claims can be filed.

Statute of Limitations

Modern technology and medical advancements have reduced the risks associated with childbirth, pregnancy and birth. Birth defects and injuries do continue to occur. When they are preventable, families must explore their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes made by doctors or nurses at any time during pregnancy, labor and delivery processes. In addition medical professionals can be guilty of medical malpractice following the birth of a child, by failing to provide proper treatment.

Generally, the statute of limitations in these cases is generally 2.5 years from the date of the incident of medical malpractice. For infants, this time can be extended. But, it is crucial to seek legal advice as soon as you can to ensure that all evidence is gathered 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 defects that result from wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Lawyers specially trained in aventura birth defect law firm defects can look into these claims and bring them to trial on behalf of the family.

Parents should be aware of the following aspects when choosing an attorney to represent them in a suit for birth defects or injuries:

Medical Malpractice

Birth defects can lead to an array of physical or mental problems. Some of them can be fatal. Some of these issues could be genetic while others are caused by environmental exposures or prescription medications taken during pregnancy.

A medical professional or doctor could be convicted of malpractice when they cause a birth defect through their actions or inaction. These cases typically are based on medical negligence in delivery or labor. They may also involve any act which falls below a standard of medical treatment, Birth defect lawsuit for instance not diagnosing an illness or prescribing incorrect medication during pregnancy.

One such case involves Teratogens. These drugs can result in birth defects that are serious. When pregnant, doctors usually advise women to not take this medication, which is utilized to treat seizures. If women are exposed to the drug then she should file an insurance claim.

It is crucial to choose an attorney with previous experience in these cases. You should choose a firm that has expertise in this area and works on contingency, so you don't pay any fees until you win. Choose an attorney with excellent communication and negotiation skills. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects cause physical or mental disabilities that require costly medical treatment and accommodations for the child. The majority of these problems are genetic, but some of them may be caused by chemical or environmental exposure, or the medications the mother took during pregnancy.

Pharmaceutical manufacturers are required to test their products properly and inform the public of any potential risks. Sadly some pharmaceutical companies do not keep up with the latest research or anticipate the potential adverse consequences. Furthermore, doctors may prescribe dangerous medicines to their patients as well as some women do not have adequate information about the dangers of taking certain drugs during pregnancy. These are known as teratogens and can cause birth defects within the fetus, including spina Bifida.

Other substances that can cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury that contaminate air or birth defect lawsuit groundwater. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that affect their reproductive health and cause birth defects.

It is crucial to collect as many evidences as you can prior to filing a suit against the parties responsible. This includes any blood tests, ultrasound images and medical bills that arise due to the birth defect. This helps the attorney establish the financial worth of the case.

Product Liability

Pregnancy can be one of the most exciting and anxious experiences of a woman's lifetime. But it's also a time when many medical professionals make mistakes that can lead to birth defects. A reputable attorney can assist parents in submitting a claim and obtaining the compensation they deserve against those responsible for the handicap of their child.

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

Additionally, the manufacturers and those who prescribe prescription medications are required to inform consumers of the dangers. Yet, a large percentage of these drugs are marketed off-label to women who are pregnant age without adequate warnings about the risk of birth defects. This is especially relevant for antidepressants like 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 result from exposure to toxic chemicals in the home by parents, such as those employed in the manufacture of semiconductors or in agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.