Birth Defect Litigation

Parents want perfect children However, some injuries occur beyond their control. If these injuries require special treatment and costly procedures, it could leave families with huge expenses.

A New York birth defect lawyer can help stunned parents file a claim and get compensation to cover future expenses. The law has strict deadlines on when a claim may be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce risks associated with childbirth, pregnancy and birth. However birth defects and injuries can still occur. If they're preventable families must explore their legal options.

Many birth defect lawsuits are founded on accusations of medical malpractice. These lawsuits can result from mistakes made by nurses or doctors staff at any stage of pregnancy, labor and birth. Medical professionals may also be guilty of malpractice following the birth of a baby if they fail provide proper treatment.

Generally, the time limit for these cases is 2.5 years from the date of the incident of medical malpractice. For infants, this time period may be extended. It is important to consult an attorney immediately to ensure that all the evidence is collected, and that a timely complaint be filed.

A lawsuit can be filed on behalf of a child for birth defects that are caused by toxic and birth defect lawyer chemical exposures during pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can cause numerous mental or physical problems. Certain birth defects can cause death. Some of these problems are inherited, whereas others are due to exposure to the environment or the use of prescription medications during pregnancy.

A doctor or medical professional may be accused of malpractice when they cause birth defects as a result of their actions or inaction. These cases are usually due to medical negligence during delivery or labor. They can also be a result of any other act which falls below a standard of medical care, for example not diagnosing an illness or prescribing the wrong medication during pregnancy.

One of these cases involves Teratogens. These medications can lead to serious birth 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 important to choose an attorney who has experience in handling these kinds of cases. It is best to choose an attorney with experience in this field and operates on contingency basis, which means you don't pay anything until you win. Also, you should look for an attorney who has strong communication and negotiation abilities. This will help to ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

Many birth defects lead to physical or mental disabilities, which require expensive medical care and accommodations for the child. These issues are often genetic, but can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.

Drug manufacturers are required to ensure that their products are tested properly and inform consumers of any risks. Unfortunately certain pharmaceutical companies are not keeping up-to-date with the latest research or fail to anticipate potential side consequences. Certain doctors prescribe dangerous drugs to their patients. Some women are not aware of the dangers associated with using certain drugs during pregnancy. These drugs are known as teratogens. They can cause birth defects within the fetus, such as spina Bifida.

Other substances that may cause birth defects are chemicals used in manufacturing and agriculture as well as heavy metals, like mercury, which are contaminating the air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and other substances that harm their reproductive health and cause birth defects.

If you decide to file lawsuits against the people who are responsible for your child's illness, it is important to gather as much evidence as possible. This includes any ultrasound images, blood tests and medical bills that arise as a result of the birth defect. This information will help attorneys determine the worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful events in a woman's lifetime. It's also the time that many medical professionals can make mistakes that lead to birth defects. A top attorney can assist parents in submitting claims and getting the compensation they deserve against those responsible for the disability of their child.

Although the causes of birth defects are usually unknown to medical experts, a significant number are linked to exposure to chemicals or environmental factors. This can include parental contact with toxic chemicals in the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing as well as agricultural chemicals for pesticides and spraying of crops.

In addition, manufacturers and the people who prescribe prescription medications must inform consumers of the dangers. A significant portion of these drugs are marketed to women who are pregnant, without warnings about the risk of birth defects. This is especially applicable to 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 involving the occurrence of birth defects caused by parental exposure to toxic chemicals, such as those used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.