Birth Defect Litigation

Certain injuries are beyond the parents' control. Families can be left with a large bill when injuries require expensive procedures and special care.

A New York birth defect attorney can help parents who are in shock to file claims to obtain compensation for future expenses. The law has strict time limits on when a claim may be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks associated with childbirth and pregnancy. Birth defects and injuries continue to occur. If they're preventable families need to explore their legal options.

Many birth defect law firms defect suits are based on allegations of medical malpractice that occurred. These lawsuits can be based on mistakes committed by nurses or doctors at any time during birth, labor and delivery procedures. Additionally, medical professionals can commit medical malpractice after the birth of a child by failing to provide proper treatment.

Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the occurrence of medical negligence. The time frame can be extended for infants. It is important to consult a lawyer early enough to ensure that all evidence is collected and that a timely complaint can be filed.

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

When selecting an attorney for a birth defect or birth injury lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can lead to various physical and mental problems. Some may even be fatal. Some of these problems may be genetic, while others are caused by environmental exposures or prescription drugs taken during pregnancy.

A medical professional or doctor could be accused of malpractice in the event of causing birth defect lawsuit defects through their actions or inaction. The majority of these cases are based on medical negligence during delivery or labor. However, they can include any act or inability to act that is in violation of a medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One such case involves teratogens. These medications can cause birth defects that are serious. During pregnancy, doctors usually advise women to not take this medication, which is commonly used in the treatment of seizures. If a woman who is pregnant is exposed to this medication, she must file an insurance claim.

It is important to choose an attorney with experience handling these types of cases. Find a law firm that specializes in this area and operates on the basis of a contingent fee, which means you don't have to pay any fees unless you win. Also, look for a lawyer who has excellent communication and negotiation skills. This will help to ensure that you submit your claim before the time limit expires.

Prescription Drugs

A lot of birth defects can cause physical or mental disabilities, that require expensive medical treatment and accommodations for the child. Most often, these disorders are genetically inherited, but some of them are caused by chemical or environmental exposure or medication that the mother consumed during pregnancy.

Drug manufacturers have an obligation to test their products thoroughly and warn consumers of any potential risks. Unfortunately certain pharmaceutical companies fail to keep up-to-date with current research or fail to anticipate possible side consequences. In addition, doctors can prescribe dangerous drugs to their patients and women may not receive adequate information on the dangers of taking certain medications during pregnancy. These are known as teratogens. They may cause birth defects in the fetus, including spina Bifida.

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

It is essential to gather as much evidence as you can before making a claim against the parties accountable. This includes ultrasound scans, blood tests, and medical bills that came up because of the birth defect. This will help the attorney determine the worth of the case.

Product Liability

Pregnancy is among the most exciting, but anxiety-inducing experiences in women's lives. But it's also a period where many medical professionals make mistakes that can lead to birth defects. A top attorney can assist parents in submitting claims and getting the money they deserve from those responsible for the handicap of their child.

Medical professionals aren't always able determine the exact cause of birth defects, but many of them can be due to environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for spraying for crops and pesticides.

The pharmaceutical companies and those who prescribe medications must also warn the public about the dangers of their products. A significant portion of these medications are sold to women who are pregnant, without warnings about the possibility 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 focuses his practice on cases where birth defects are caused by exposure to toxic chemicals in the home by parents like those used in semiconductor manufacturing or agricultural. He graduated from American University in Washington, D.C. and Suffolk University Law School.