Birth Defect Litigation

Parents want perfect children, but some injuries happen beyond their control. If these injuries require special medical attention and expensive procedures, it can 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 claims can be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. Birth defects and injuries do persist. When they are preventable, families need to explore their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve mistakes made by doctors or nursing staff at any stage of labor, pregnancy and birth. In addition, medical professionals can commit medical malpractice following a child's birth defect lawyer in the event that they fail to provide the correct treatment.

In general, the statutes of limitations for these cases are 2.5 years after the date of the medical negligence. For infants, the time can be extended. It is important to consult a lawyer as soon as you can to ensure that all evidence is gathered and that a timely complaint can be filed.

In addition to medical malpractice, a suit can also be brought on behalf of a baby for birth defects caused by improper toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defects lawyers are able to investigate the claims and then prosecute them on behalf of the family.

When choosing an attorney for a birth injury or defect lawsuit, parents should look for the following characteristics:

Medical Malpractice

Birth defects can lead to a variety of mental and physical problems. Some may even be fatal. Some of these problems are inherited, while others are caused by exposure to the environment or the use of prescription drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects due to their actions or inaction. The most common cases involve medical negligence during the birth or labor process. However, they can also comprise any act or failure to act that falls short of the medical standard of care, such as failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One of these cases involves the teratogens. These drugs can cause birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug she must submit an insurance claim.

It is vital to choose an attorney who has expertise in these kinds of cases. Find a firm that is experienced in this area and operates on an hourly basis, which means you don't have to pay any fees unless you win. Find an attorney who has excellent communication and negotiation skills. This will help to ensure that you submit your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. The majority of these problems are genetic, however some of them are caused by environmental or chemical exposure, or medications that the mother was taking during pregnancy.

Drug makers are required to test their products thoroughly and inform the public of any risks that could be present. Unfortunately some pharmaceutical companies do not keep up with the latest research or anticipate potential side consequences. Some doctors prescribe dangerous drugs to their patients and some women aren't aware of the dangers associated with taking certain medications during pregnancy. These drugs are referred to as teratogens and may cause birth defects in the fetus, such as spina bifida.

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

If you are filing an action against the parties responsible for your child's condition it is crucial to gather the most evidence you can. Included in this are any ultrasound images or blood tests, as well as medical bills incurred due to. This information will help attorneys determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting and anxiety-inducing experiences in the life of a woman. It's also a time where medical professionals make mistakes that cause birth defects. A top lawyer can help parents file a claim against those responsible for their child's condition and obtain the amount of compensation they deserve.

Although the causes of birth defects are often unknown to medical experts however, many of them can be linked to exposure to chemicals or environmental factors. This could be due to contact by parents with toxic chemicals at the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as crop spraying.

Additionally, the manufacturers and those who prescribe prescription medications are required to inform people of their risks. A majority of these drugs is marketed to women who are pregnant, birth defect lawyer without warnings about the risk of birth defect. This is particularly true for birth defect lawyer antidepressants like Prozac and Zoloft.

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