Birth Defect Litigation

Parents want perfect children, Birth defect lawyers but some injuries happen outside their control. When these injuries require special medical attention and expensive procedures, it could result in huge costs for families.

A New York birth defect lawyer can assist parents in filing an action and receive compensation to cover the cost of future expenses. The law has strict time limitations on when a claim can be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks associated with childbirth and pregnancy. Birth defects and injuries do persist. Families need to consider their legal options if they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve errors made by nurses or doctors at any point in the pregnancy, labor and delivery procedures. Additionally medical professionals could be guilty of medical malpractice following 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 act of medical negligence. This time period can be extended to infants. It is nevertheless important to seek legal counsel as soon as you can to ensure that all evidence has been collected and that a timely claim can be filed.

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

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

Medical Malpractice

Birth defects can cause a variety of physical and mental problems. Certain birth defects could be fatal. Some of these problems may be genetic while others are triggered by exposure to the environment or birth defect lawyers prescription drugs used during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defects due to their actions or inaction. These cases usually are caused by medical negligence during delivery or labor. They can also include any be in compliance with a standard of medical care, like, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One example of this type of situation involves a drug known as teratogens, which could cause birth defects that are serious. During pregnancy, doctors typically advise women to not take this medication, which is used in the treatment of seizures. If an individual is exposed to the drug then she should file an insurance claim.

It is important to choose an attorney who has handled these kinds of cases. You should choose an attorney with years of experience in this field and operates on contingency basis, which means you don't have to pay any fees until you win. Find an attorney who has an excellent ability to communicate and negotiate. This will ensure that you submit your claim before the statute of limitations expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. These problems are usually genetic, but they can also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.

Drug manufacturers are required to test their products properly and warn the public of the potential dangers. Unfortunately, some pharmaceutical companies do not keep up-to-date with the latest research or fail to anticipate possible adverse consequences. Some doctors prescribe dangerous drugs to their patients, and some women aren't aware of the risks associated with taking certain medications during pregnancy. These drugs, known as teratogens, may cause birth defects, including spina-bifida, in the fetus.

Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury which affect groundwater or the air. Diane Paolicelli's legal career has been focused on fighting powerful corporations who expose women to toxic chemicals and substances that may harm their reproductive health or lead to birth defects.

It is important to collect as all evidence you can before making a claim against the parties accountable. This includes any ultrasound scans, blood tests and medical bills incurred as a result of the birth defect. This allows the attorney to determine the monetary value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful events in a woman's lifetime. It's also a time when medical professionals make mistakes that cause birth defects. A top lawyer can assist parents in filing a claim and obtaining the compensation they deserve from those responsible for the disability of their child.

Medical professionals aren't always able to pinpoint the causes of birth defects, however many of them can be caused by environmental or chemical exposure. This can include exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying crops and pesticides.

The manufacturers and the people who prescribe medicines must also warn people about the dangers. A majority of these drugs is marketed to pregnant women without warnings of the possibility of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases involving the occurrence birth defects caused by parental exposure to toxic chemicals, including the ones used in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C. and Suffolk University Law School.