Birth Defect Litigation

Some injuries are beyond the parents' control. Families could be faced with huge debts when these injuries require costly procedures and specialized care.

A New York birth defect attorney can assist parents grieving and file claims to obtain compensation for future expenses. However, the law puts strict deadlines when a claim must be filed.

Statute of limitations

Modern technology and medical advances have made it possible to reduce the risks related to pregnancy, childbirth and birth. Birth defects and injuries do remain a possibility. Families should consider their legal options if they are preventable.

Many birth defect lawsuits are stemming from allegations of medical malpractice that occurred. These cases can involve errors made by doctors or nurses at any point during the birth, labor and delivery procedures. Additionally, medical professionals can commit medical malpractice after a child's birth if they fail to provide proper care.

In general the statute of limitations for these cases is 2.5 years after the date of the medical mistake. For infants, the time can be extended. It is essential to speak with a lawyer immediately to ensure that all the evidence is gathered and that a timely complaint be filed.

A lawsuit may be filed on behalf of a baby for birth defects that are caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

Parents should consider the following characteristics when choosing an attorney to represent them in a lawsuit involving birth defect or injury:

Medical Malpractice

Birth defects can result in numerous mental or physical problems. Certain birth defects can be fatal. Some of these issues may be caused by genetics, while others are caused by environmental exposures or prescription medications used during pregnancy.

A doctor or medical professional could be accused of misconduct when they cause birth defects through their actions or inaction. Most cases involve medical negligence during labor or delivery. They also encompass any perform a task that is not within the standard of medical care, like the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One instance of case involves a medication called teratogens. This medication can cause serious birth defect lawsuit defects. 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 essential to select an attorney with experience handling these types of cases. Find a firm that specializes in this area and operates on the basis of a contingent fee, which means you don't pay anything unless you are successful. Choose an attorney with an excellent ability to communicate and negotiate. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities, which require expensive medical care and accommodations for the child. Most often, these disorders are genetic, however some of them can be caused by environmental or chemical exposure, or the medications the mother was taking during pregnancy.

Pharmaceutical companies are required to test their products thoroughly and inform the public of any potential risks. Unfortunately certain pharmaceutical companies are not keeping up with the latest research or fail to anticipate possible adverse effects. Furthermore, doctors may prescribe dangerous medicines to their patients and women may not have adequate information about the risks associated with taking certain drugs during pregnancy. These medications, also known as teratogens may cause birth defects such as spina-bifida that can occur in the fetus.

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

It is crucial to gather as much evidence as you can before filing a suit against the parties responsible. This includes any blood tests, ultrasound images and medical bills incurred due to the birth defect. This information can help the attorney determine the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful times in a woman's life. However, it's also a time where many medical professionals make mistakes that can cause birth defects. A top attorney can help parents make a claim against those accountable for their child's handicap and obtain the justice they deserve.

Although the causes of birth defects are generally unknown to medical experts but a large proportion of birth defects can be attributed to exposure to chemicals or environmental causes. This can be due to exposure by parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor Birth defect lawsuits manufacturing, as well as agricultural chemicals used for spraying for crops and pesticides.

The pharmaceutical companies and those who prescribe medicines must also warn the public about the dangers of their products. A large portion of these drugs are offered to women who are expecting without warnings about the risk of birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases where birth defect lawsuit defects are caused by parental exposure to toxic chemical such as those that are employed in semiconductor manufacturing or agricultural. He graduated from American University in Washington, D.C. and Suffolk University Law School.