Birth Defect Litigation

Some injuries are out of the parents in their control. When these injuries require special treatment and costly procedures, it can result in huge costs for families.

A New York birth defect lawyer can assist parents who are shocked to file an appeal and obtain compensation to pay for future expenses. However, the law places strict deadlines on when a claim must be filed.

Statute of limitations

Modern medical technology and advances have reduced the risks associated with childbirth, pregnancy and birth. Birth defects and injuries persist. Families should consider their legal options when they are preventable.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases can involve mistakes committed by nurses or doctors staff at any time during pregnancy, labor and birth defect law firm. Medical professionals may also commit malpractice after the birth of a baby if they fail provide proper treatment.

Generally, the time-limit for these cases is 2.5 years from the date of the incident of medical malpractice. For infants, this time can be extended. But, it is crucial to seek legal advice early enough to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects caused by improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

Parents should take into consideration the following qualities when selecting an attorney to represent them in a suit for birth Defect lawsuit defect or injury:

Medical Malpractice

Birth defects can cause many mental or physical ailments. Some of them may even be fatal. Some of these issues are inherited, whereas others are caused by exposure to environmental factors or the use of prescription medications during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects by their actions or inaction. These cases usually are based on medical negligence in delivery or labor. They may also involve any act of failure to act which falls below a standard of medical care, like not diagnosing an illness or prescribing incorrect medication during pregnancy.

One example of this type of case is a medication known as teratogens, which could cause birth defects that are serious. During pregnancy, doctors typically recommend women not to take this medication, which is used in the treatment of seizures. If a pregnant woman is exposed to this medication, she must file a claim.

It is vital to choose an attorney who has prior experience in these types of cases. You should look for a firm with experience in this field and is based on contingency, meaning that you won't have to pay anything until you win. Also, search for an attorney who has strong communication and negotiation skills. This will help to ensure that you make your claim in time before the time limit expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require expensive medical care and accommodations for the child. Most of the time, these issues are genetic, but some can be caused by chemical or environmental exposure, or by medications the mother took during pregnancy.

Drug manufacturers have an obligation to thoroughly test their products and inform consumers of any potential risks. Unfortunately certain pharmaceutical companies are not keeping up to date with the latest research or fail to anticipate possible adverse consequences. Some doctors recommend dangerous drugs to their patients and some women are not aware of the risks of taking certain medications during pregnancy. These are known as teratogens and could cause birth defects in the fetus, including spina bifida.

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

When filing lawsuits against the people that are accountable for your child's health, it is important to gather as much evidence as possible. Included in this are any ultrasound images, blood tests, and medical bills incurred as a result. This information will help the attorney assess the worth of the case.

Product Liability

Pregnancy is one of the most exciting and Birth Defect lawsuit nerve-wracking events in a woman's lifetime. But it's also a period when medical professionals can make mistakes that can lead to birth defects. A top attorney can assist parents in filing claims and getting the compensation they deserve from the people responsible for the disabilities of their child.

Medical experts are not always able to pinpoint the causes of birth defects, however most of them can be attributable to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals at the workplace, like glycolethers and solvents utilized in semiconductor manufacturing, as well as agricultural chemicals for pesticides and spraying of crops.

Furthermore, manufacturers and the people who prescribe prescription medications are required to inform people of their risks. However, a lot of these drugs are marketed off-label to women of childbearing age, without warnings about the possibility of birth defects. This is especially true 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 that involve the occurrence of birth defects caused by exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C. as well as Suffolk University Law School.