Birth Defect Litigation

Some injuries are beyond the parents' control. Families may be left with huge bills when these injuries require costly procedures and specialized care.

A New York birth defect attorney can assist parents in shock to file a claim to get compensation for future expenses. However, the law puts strict time limitations on when a claim needs to be filed.

Statute of Limitations

Modern technology and medical advances have reduced the risks associated with childbirth, Birth Defect Lawyers pregnancy and birth. Birth defects and injuries do still occur. If they're preventable families need to explore their legal options.

Many birth defect lawsuits are founded on accusations of medical malpractice. These cases may involve mistakes made by doctors or nurses at any point in the labor and birth processes. Medical professionals may also commit malpractice after the birth of a baby when they fail to provide the proper treatment.

In general the statute of limitations for Birth defect lawyers these cases is 2.5 years after the date of the medical malpractice. For infants, this time period can be extended. However, it is important to seek legal advice early enough to ensure that all evidence is gathered and that a timely claim be filed.

A lawsuit may be filed on behalf of a child to claim birth defects caused by toxic and chemical exposures during the 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 for birth injury or defect:

Medical Malpractice

Birth defects can result in an array of physical or mental problems. Some birth defects can be fatal. Some of these problems may be caused by genetics while others are caused by exposure to the environment or prescription medications taken during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects through their actions or inaction. Most cases involve medical negligence during labor or delivery. However, they can also be a result of any action or failure to act that is not in the range of a medical standard of care, like failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One example involves teratogens. These drugs can result in birth defects that are serious. In the course of pregnancy, doctors generally advise women to avoid taking this medication, which is commonly used to treat seizures. If a woman is exposed to the drug she must file an action.

It is important to choose an attorney with experience handling these kinds of cases. It is best to choose an attorney with years of experience in this field and works on contingency, so you won't be charged any fees until you win. Also, search for an attorney who has strong communication and negotiation abilities. This will help ensure that you make your claim in time before the statute of limitations expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities which require costly medical care and accommodations for the child. These conditions are often genetic, but they may also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Pharmaceutical companies are required to test their products properly and inform the public of the potential dangers. Sadly some pharmaceutical companies fail to keep up with research or foresee potential side consequences. Furthermore, doctors may prescribe dangerous medicines to their patients and some women do not receive the correct information regarding the dangers of taking certain medications during pregnancy. These are known as teratogens and 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, as well as heavy metals like mercury that pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and substances that could harm their reproductive health and cause birth defect attorneys defects.

It is crucial to gather as all evidence you can prior to making a claim against the responsible parties. Included in this are any ultrasound images and blood tests as well as medical bills incurred as a result. This assists the attorney in determining the financial worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but anxiety-inducing experiences in the life of a woman. However, it's also a time when medical professionals can make mistakes that can lead to birth defect law firms defects. A top lawyer can assist parents in filing 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 specific cause of birth defects, however a large number can be due to environmental or chemical exposure. This can include parental contact with toxic chemicals in the workplace, like glycolethers and solvents utilized in semiconductor manufacturing, as well as agricultural chemicals for pesticides and spraying on crops.

Furthermore, manufacturers and the people who prescribe prescription medications are required to inform consumers of the dangers. However, a lot of these medications are sold off-label to women who are pregnant age without proper warnings about the risk of birth defects. This is especially true for 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 focuses his practice on cases where birth defects result from parental exposure to toxic chemical like those employed in semiconductor manufacturing or farming. He graduated from American University in Washington, D.C. and Suffolk University Law School.