Birth Defect Litigation

Certain injuries are beyond the parents' control. When injuries require specialized treatment and costly procedures, it could leave families with huge expenses.

A New York birth defect attorney can assist parents in shock file an action to receive compensation for future expenses. The law has strict deadlines on when claims can be filed.

Statute of Limitations

Modern technology and medical advancements have reduced the risks related to pregnancy, childbirth and birth. However, birth defects and injuries still occur. When they are preventable, families must consider their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any stage of labor, birth and pregnancy. Medical professionals may also be guilty of malpractice following the birth of a child if they fail provide proper treatment.

In general, the statutes of limitations for these cases is 2.5 years after the date of the medical mistake. The time limit can be extended to infants. However, it is essential to seek legal advice early enough to ensure that all evidence has been collected and that a timely claim be filed.

A lawsuit can be filed on behalf of a child in relation to birth defects that are caused by toxic and chemical exposures during the 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 look for the following characteristics:

Medical Malpractice

Birth defects can result in a wide range of mental or physical issues. Certain birth defects could cause death. Some of these problems are caused by genetics, while others are caused by exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects through their actions or inaction. These cases typically are caused by medical negligence during labor or delivery. They can also be a result of any other do something that is below the standard of medical care, like failing to recognize an illness or prescribing incorrect medication during pregnancy.

One example involves teratogens. These medications can cause serious birth defects. In the course of pregnancy, doctors generally advise women to avoid taking this medication, which is commonly used in the treatment of seizures. If women are exposed to the drug, it is recommended that she file an action.

It is vital to select an attorney who has prior experience in these types of cases. Find a law firm that is experienced in this area, and works on the basis of a contingent fee, which means you don't have to pay any fees unless you succeed. Additionally, you should choose an attorney who has strong negotiation and communication skills. This will help ensure that you submit your claim before the statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, which require costly medical care and accommodations for the child. These disorders are usually genetic, but can also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and inform consumers of any potential risks. Unfortunately some pharmaceutical companies do not keep up with research or anticipate the potential adverse effects. Some doctors prescribe dangerous drugs to their patients. Some women are not aware of the dangers associated with using certain drugs during pregnancy. These medications, also known as teratogens may cause milliken birth defect lawsuit defects, including spina-bifida in the fetus.

Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury that affect groundwater or the air. Diane Paolicelli's legal profession has been dedicated to combating powerful corporations that expose women to toxic chemicals and substances that could damage their reproductive health or cause birth defects.

It is crucial to gather as all evidence you can before filing a suit against the parties responsible. Included in this are ultrasound images or blood tests, as well as medical bills incurred as a result. This will help the attorney determine the financial worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking experiences a woman can go through in her life. But it's also a time where medical professionals often make mistakes that could cause birth defects. A top attorney can assist parents in filing an appeal and gaining the compensation they deserve against the people responsible for the disabilities of their child.

Medical experts aren't always able to determine the exact cause of mission viejo birth defect law Firm defects, however the majority of them can be attributed to chemical or environmental exposure. This could include exposure of parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.

Manufacturers and those who prescribe medication are also obliged to inform the public about the dangers of their products. However, a significant portion of these drugs are offered off-label for women of childbearing age without adequate warnings about the possibility of birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases that involve 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 is a graduate of American University in Washington, D.C. and Suffolk University Law School.