Birth Defect Litigation

Certain injuries are beyond the parents of their control. Families may be left with a large bill when injuries require expensive procedures and special treatment.

A New York birth defect lawyer can help stunned parents file an action and receive compensation to cover future costs. However, the law places strict time limitations on when a claim must be filed.

Statute of limitations

Modern medical technology and advances have reduced the risks that are associated with childbirth, pregnancy and birth. However birth defects and injuries still occur. Families should consider their legal options if they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any point during the pregnancy, labor and delivery procedures. In addition medical professionals could be guilty of medical malpractice following the birth of a baby if they fail to provide the correct treatment.

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

A lawsuit may 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 attorney defect lawyers can investigate and defend these claims on behalf of the family.

Parents should take into consideration the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth defects or birth injuries:

Medical Malpractice

Birth defects can lead to a variety of mental and physical issues. Certain birth defects could be fatal. Some of these issues 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 convicted of malpractice in the event of causing birth defects by their actions or inaction. These cases usually involve medical negligence during labor or delivery. However, they may also include any act or inability to act in excess of the medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One example is involving teratogens. These medications can cause birth defects that are serious. In the course of pregnancy, doctors generally advise women to not take this medication, which is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must make a claim.

It is important to select an attorney who is experienced in handling these kinds of cases. Choose a law firm that is experienced in this field and operates on an on a contingency basis, meaning you don't have to pay any fees unless you get the case won. Find an attorney who has outstanding negotiation and communication skills. This will help ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities, that require costly medical treatment and accommodations for the child. Most of the time, these issues are genetically inherited, but some can be caused by chemical or environmental exposure, or medications that the mother took during pregnancy.

Drug makers are required to ensure that their products are tested properly and inform consumers of any risks. Sadly, some pharmaceutical companies do not keep up with research or foresee potential side consequences. Some doctors recommend dangerous drugs to their patients. Some women are not informed about the dangers associated with using certain drugs during pregnancy. These medications, also known as teratogens, can cause birth defects, such as spina-bifida, which is a birth defect in the fe.

Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals such as mercury that can contaminate groundwater or air. Diane Paolicelli's legal career is dedicated to fighting powerful corporations who expose women to harmful chemicals and substances that could harm their reproductive health or lead to birth defects.

It is important to collect as many evidences as you can prior to filing a suit against the party responsible. Included in this are ultrasound images and blood tests as well as medical bills incurred due to. This helps the attorney establish the financial value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful moments in a woman's life. It's also a time where medical professionals often make mistakes that can lead to birth defects. A top attorney can help parents to file a claim against the medical professionals accountable for their child's handicap and get the proper compensation they're entitled to.

While the causes of birth defects are generally unknown to medical experts however, many of them are linked to exposure to chemicals or environmental causes. This could include exposure of parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

In addition, the manufacturer and those who prescribe prescription medicines have a responsibility to warn people of their risks. A majority of these medications are sold to pregnant women without warnings of the potential for birth defects. This is especially 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. He focuses his practice on cases involving the development of birth defects resulting from exposure of parents to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.