Birth Defect Litigation

Some injuries are out of the parents or their control. Families can be left with huge debts when these injuries require expensive procedures and special attention.

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

Statute of limitations

Modern medical technology and advancements in medical science have helped to reduce risks related to pregnancy, childbirth and birth. However birth defects and injuries can still occur. Families should consider their legal options if they can be prevented.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve mistakes made by nurses or doctors at any time during pregnancy, labor and delivery processes. Additionally, medical professionals can commit medical malpractice following the birth of a child by failing to provide the proper treatment.

In general the statute of limitations for these cases are 2.5 years after the date of the medical error. This time frame can be extended for infants. It is nevertheless important to seek legal advice as soon as you can to ensure that all evidence is gathered and that a timely claim can be filed.

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

When choosing an attorney for birth defect lawyers a birth defect or birth injury lawsuit parents should consider the following qualities:

Medical Malpractice

Birth defects can lead to a variety of mental and physical ailments. Certain birth defects can cause death. Some of these problems are inherited, whereas others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

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

One example of this type of case involves a medication called teratogens, which can cause serious birth defects. During pregnancy, doctors typically advise women to avoid taking this medication, which is utilized in the treatment of seizures. If a woman who is pregnant is exposed to this drug, she should submit an insurance claim.

It is vital to choose an attorney with experience in these types of cases. Look for a law firm that has a specialization in this area and operates on the basis of a contingent fee, which means you don't have to pay any fees unless you are successful. Choose an attorney with excellent communication and negotiation skills. This will ensure that you submit your claim before the time for filing expires.

Prescription Drugs

Many birth defect lawyer defects cause physical or mental disabilities, which require expensive medical care and accommodations for the child. These issues are often genetic, but they may also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.

Drug makers are required to test their products thoroughly and inform consumers of any potential risks. Unfortunately, some pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate potential side consequences. Certain doctors prescribe dangerous medications to their patients. Some women are not informed about the dangers associated with taking certain medications during pregnancy. These drugs, also known as teratogens can cause birth defects, such as spina-bifida in the fetus.

Other substances that could cause birth defects are chemicals that are used in manufacturing and agriculture as well as heavy metals such as mercury that are contaminating groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and other substances that affect their reproductive health and cause birth defects.

It is crucial to gather as the evidence you can before filing a lawsuit against the party responsible. Included in this are any ultrasound images, blood tests, and medical bills that are incurred as a result. This will help the attorney determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but anxious experiences of women's lives. But it's also a time where medical professionals often make mistakes that can cause birth defects. A top lawyer can assist parents in submitting an action and obtaining the compensation they deserve from those who are responsible for the impairment of their child.

While the causes of birth defects are typically unknown to medical experts however, a significant proportion are linked with exposure to chemicals or the environment. This can include parental contact with toxic chemicals in the workplace, such as solvents and glycol ethers used in semiconductor manufacturing as well as chemical pesticides used in agriculture and spraying on crops.

Manufacturers and those who prescribe medicines also have a duty to inform people about the dangers. A large number of these drugs are marketed to pregnant women without warnings of the possibility of birth defect. 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 pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects result from exposure to toxic chemicals in the home by parents such as those that are employed in semiconductor manufacturing or agricultural. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.