Birth Defect Litigation

Certain injuries are beyond the parents of their control. When injuries require specialized care and costly procedures, it can leave families with huge expenses.

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

Statute of Limitations

Modern technology and medical advancements have helped reduce the risks associated with pregnancy and childbirth. However, birth defects and injuries still occur. If they're preventable families must consider their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases can involve errors made by nurses or doctors at any point in the pregnancy, labor and delivery procedures. Additionally medical professionals may be guilty of medical malpractice after the birth of a child, birth defect Lawsuits by failing to provide proper treatment.

Generally, the time-limit for these cases is generally 2.5 years from when the act was committed of medical negligence. For infants, this can be extended. However, it is essential to seek legal counsel as soon as possible to ensure that all evidence is gathered and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of a baby for birth defects that result from wrongful 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.

Parents should be aware of the following characteristics when choosing an attorney to represent them in a suit for birth defects or injuries:

Medical Malpractice

Birth defects can cause numerous mental or physical problems. Some of them can be fatal. Certain of these problems could be genetic while others are triggered by environmental exposures or prescription medications taken during pregnancy.

A doctor or medical professional may be accused of malpractice when they cause birth defects by their actions or inaction. These cases typically are due to medical negligence during labor or delivery. They also encompass any be in compliance with a standard of medical treatment, for instance the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One of these cases involves Teratogens. These drugs can cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must file a claim.

It is crucial to select an attorney with experience handling these types of cases. You should look for a firm with years of experience in this field and works on contingency, so you won't be charged any fees until you win. Also, search for an attorney who has strong 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 mental or physical disabilities, which require expensive medical care and accommodations for the child. These problems are usually genetic, but they can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.

Pharmaceutical companies are required to test their products thoroughly and warn the public of any potential risks. Unfortunately certain pharmaceutical companies fail to keep up with the latest research or fail to anticipate possible side consequences. Some doctors recommend dangerous drugs to their patients and some women are not informed about the risks associated with taking certain medications during pregnancy. These medications are referred to as teratogens and can cause birth defects within the fetus. This includes spina Bifida.

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

It is crucial to collect as the evidence you can prior to filing a lawsuit against the parties accountable. Included in this are ultrasound images and blood tests as well as medical bills that are incurred as a result. This information assists the attorney assess the worth of the case.

Product Liability

Pregnancy can be one of the most exciting and stressful experiences in the life of a woman. It's also a time when medical professionals can make mistakes that could cause birth defects. A top attorney can assist parents in filing an action and obtaining the amount they deserve from those who are responsible for the impairment of their child.

Medical experts are not always able of determining the exact cause of birth defects, but the majority of them can be attributable to environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for crop spraying and pesticides.

Manufacturers and those who prescribe medication also have a duty to inform people about the dangers. A large portion of these medications are sold to women who are pregnant without warnings about the risk 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 pharmaceutical and chemical companies. He focuses his practice on cases involving the development of birth defects caused by exposure of parents to toxic chemicals, which includes the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.