Birth Defect Litigation

Certain injuries are beyond the parents of their control. Families are left with huge bills when these injuries require costly procedures and specialized care.

A New York birth defect attorney can help parents who are in shock to file an appeal to be compensated for future expenses. However, the law has strict deadlines on when a claim needs to be filed.

Statute of Limitations

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

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

Generally speaking, the statute of limitations in these cases is generally 2.5 years from the date of the occurrence of medical negligence. For infants, this period may be extended. It is essential to speak with an attorney early enough to ensure that all evidence is gathered, and that a timely complaint can be filed.

A lawsuit can be filed on behalf of a child in relation to birth defects caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can lead to a variety of mental and physical ailments. Some of them may even be fatal. Some of these issues are genetic, but others are caused by exposure to the environment or the use of prescription medications during pregnancy.

A medical professional or doctor could be accused of malpractice if they cause a birth defect through their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they can also include any act or inability to act that is in violation of the medical standard of care, such as failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One such type of situation involves a drug called teratogens. This medication can cause birth defects that are serious. 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 make an insurance claim.

It is essential to select an attorney with experience handling these kinds of cases. You should choose a firm with years of experience in this field and is on contingency, which means you won't be charged nothing until you win. Find an attorney who has great negotiation and communication skills. This will help to ensure that you submit your claim before the statute of limitation expires.

Prescription Drugs

A variety of birth defects cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. These issues are often caused by genetics, but can also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.

Drug manufacturers are required to adequately test their products and inform consumers of any risks. Sadly many pharmaceutical companies fail to keep up with research or anticipate possible side consequences. Furthermore, doctors may prescribe dangerous drugs to their patients and some women do not receive the correct information regarding the risks of taking certain drugs during pregnancy. These drugs, known as teratogens may cause birth defects such as spina-bifida, which is a birth defect in the fe.

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

It is crucial to collect as all evidence you can before filing a lawsuit against the parties responsible. Included in this are ultrasound images, blood tests, and birth defect lawyers medical bills incurred due to. This information assists the attorney assess the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful times in a woman's life. It's also the time when medical professionals make mistakes that lead to birth defects. A top lawyer can help parents bring a lawsuit against those who are responsible for their child's disabilities and obtain the amount of compensation they deserve.

While the causes of birth defects are often not understood by medical professionals however, a significant proportion can be attributed to exposure to chemicals or environmental factors. This could include exposure of parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

The pharmaceutical companies and those who prescribe medication also have a duty to inform the public about the risks. A large portion of these drugs are marketed to pregnant women without warnings of the possibility of birth defect. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases involving the occurrence of birth defects caused by exposure of parents to toxic chemicals, including the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.