Birth Defect Litigation

Parents want perfect babies However, some injuries occur out of their control. Families can be left with a large bill when injuries require costly procedures and special care.

A New York birth defect attorney can assist parents in shock file a claim to get compensation for future expenses. However, the law has strict time limitations on when a claim should be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks of childbirth and pregnancy. Birth defects and injuries do continue to occur. When they are preventable, families must consider their legal options.

Many birth defect lawsuits are stemming from claims of medical malpractice. These lawsuits can result from mistakes made by nurses or doctors personnel at any stage of pregnancy, labor and birth. In addition, medical professionals can commit medical malpractice following the birth defect lawyer of a baby if they fail to provide proper treatment.

Generally, the time limit for these cases is 2.5 years from when the act was committed of medical negligence. The time limit may be extended for infants. It is nevertheless important to seek legal advice immediately to ensure that all evidence is obtained and that a timely claim can be filed.

In addition to medical malpractice, a suit can also be brought on behalf of a baby for birth defects resulting from improper toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

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

Medical Malpractice

Birth defects can cause various mental and physical problems. Some birth defects may cause death. Some of these issues are inherited, while others are due to exposure to environmental factors or the usage of prescription drugs during pregnancy.

A medical professional or doctor could be accused of malpractice when they cause birth defects through their actions or inaction. The majority of these cases are due to medical negligence during labor or delivery. They can also be a result of any be in compliance with a standard of medical care, like the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One instance of case is a medication called teratogens. It can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug, it is recommended that she file an action.

It is crucial to select an attorney who has handled these types of cases. Find a firm that is experienced in this area, and works on an hourly basis, which means there is no cost unless you win. Also, look for a lawyer with strong communication and negotiation skills. This will help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to thoroughly test their products and inform consumers of any risks. Unfortunately many pharmaceutical companies fail to keep up with research or anticipate the potential adverse effects. Additionally, doctors can prescribe dangerous drugs to patients and women may not get proper information about the dangers of taking certain drugs during pregnancy. These drugs are referred to as teratogens. They can cause birth defects within the fetus. This includes spina bifida.

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

If you decide to file lawsuits against the people that are accountable for your child's health, it is important 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 assists the attorney in determining the monetary value of the case.

Product Liability

Pregnancy can be one of the most exciting, and anxious experiences of women's lives. But it's also a period where many medical professionals make mistakes that can cause birth defects. An experienced attorney can assist parents make a claim against those who are responsible for their child's disabilities and acquire the compensation they deserve.

Although the causes of birth defects are often unknown to medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental causes. This can include exposure by parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.

Manufacturers and those who prescribe medicines are also obliged to warn people about the dangers. Yet, a substantial portion of these drugs are marketed off-label for women of childbearing age without warnings regarding 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. His practice focuses on cases involving the occurrence of birth defects resulting from exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.