Birth Defect Litigation

Parents want their children to be perfect However, some accidents happen outside their control. If injuries that result from these accidents require special medical attention and expensive procedures, it can result in huge costs for families.

A New York birth defect attorney can assist parents grieving and birth Defect attorney file an action to receive compensation for future expenses. However, birth defect attorney the law puts strict deadlines the time a claim has to be filed.

Statute of Limitations

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

Many birth defect suits are stemming from claims of medical malpractice. These cases can involve mistakes made by nurses or doctors personnel at any stage of labor, birth and pregnancy. Medical professionals can also commit malpractice after the birth of a child when they fail to provide the proper treatment.

In general, the statutes of limitations for these cases are 2.5 years after the date of the medical negligence. This time period may be extended for infants. It is important to consult an attorney immediately to ensure that all evidence is collected and that a timely complaint be filed.

A lawsuit may be filed on behalf of a child to claim birth defects caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can look into these claims and bring them to trial on behalf of the family.

When selecting an attorney for a birth injury or defect lawsuit parents should consider 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 may be caused by genetics while others are triggered by exposure to the environment or prescription drugs taken during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects through their actions or inaction. These cases usually are based on medical negligence during delivery or labor. They also encompass any act which falls below a standard of medical care, like the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One example involves Teratogens. These drugs can result in serious birth defects. During pregnancy, doctors typically advise women to avoid taking this medication, which is used to treat seizures. If the woman is exposed to the drug then she should submit an insurance claim.

It is essential to choose an attorney who has experience in these types of cases. Look for a law firm that is specialized in this area and works on a contingency basis, so you don't have to pay any fees unless you win. Look for an attorney who has great negotiation and communication skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects lead to physical or mental disabilities, which require costly medical care and accommodations for the child. Most often, these disorders are inherited, but a few of them may be caused by environmental or chemical exposure, or the medications the mother took while pregnant.

Pharmaceutical manufacturers are required to test their products thoroughly and inform the public of any potential dangers. Unfortunately many pharmaceutical companies fail to keep up with the latest research or foresee potential side effects. Certain doctors prescribe dangerous drugs to their patients, and some women are not informed about the risks of taking certain medications while pregnant. These medications are referred to as teratogens, and they can cause birth defects in the fetus, such as spina bifida.

Other substances that may cause birth defects include chemicals that are used in manufacturing and agriculture and heavy metals such as mercury, which are contaminating the air or groundwater. Diane Paolicelli has dedicated her legal career to fighting against 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 essential to gather as much evidence as you can. This includes ultrasound images, blood tests, and medical bills that came up because of the birth defect. This information will help attorneys determine the worth of the case.

Product Liability

Pregnancy is among the most exciting and anxious experiences of women's lives. But it's also a period where medical professionals often make mistakes that can lead to birth defects. A top attorney can help parents bring a lawsuit against those who are responsible for their child's disabilities and receive the amount of compensation they deserve.

Medical experts aren't always able to pinpoint the specific cause of birth defects, however most of them can be attributable to environmental or chemical exposure. This can include parental contact with toxic chemicals at the workplace, for example solvents and glycol ethers used in semiconductor manufacturing as well as chemical pesticides used in agriculture and spraying crops.

The pharmaceutical companies and those who prescribe medications are also obliged to warn people about the dangers. Yet, a large percentage of these drugs are offered off-label to women of childbearing age, without warnings about the possibility of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects are caused by parental exposure to toxic chemical like those used in semiconductor manufacturing or agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.