Birth Defect Litigation

Parents want their children to be perfect However, some accidents happen outside their control. Families could be faced with huge debts when these injuries require expensive procedures and special care.

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

Statute of limitations

Modern technology and medical advancements have helped reduce the risks of childbirth and pregnancy. Birth defects and injuries continue to occur. If they can be prevented, families must explore their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors staff at any point during labor, birth and pregnancy. Medical professionals can also commit malpractice after the birth of a child when they fail to provide the proper treatment.

In general, the statutes of limitations in these cases are 2.5 years after the date of the medical malpractice. For infants, this time period can be extended. But, it is crucial to seek legal counsel early enough to ensure that all evidence is obtained and that a timely claim be filed.

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

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

Medical Malpractice

Birth defects can cause a wide range of physical or mental problems. Some may even be fatal. Some of these issues may be genetic while others are caused by exposure to environmental factors or prescription medications taken during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defects due to their actions or inaction. The most common cases involve medical negligence during the birth or labor process. However, they can also include any act or failure to act that falls short of the medical standard of care, such as failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example involves the teratogens. These medications can lead to serious birth defects. In the course of pregnancy, doctors generally advise women to avoid taking this medication, which is utilized in the treatment of seizures. If a woman who is pregnant is exposed to this drug, she should file a claim.

It is crucial to choose an attorney with experience in these types of cases. You should choose an attorney who has years of experience in this field and is based on contingency, meaning that you won't be charged anything until you win. Choose an attorney with excellent communication and negotiation skills. This will ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

A variety of birth defects cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. These problems are usually genetic, but can also be caused by chemical or birth defect lawyer environmental exposure, or by medications taken by the mother during pregnancy.

Drug manufacturers are required to test their products thoroughly and inform consumers of any risks. Unfortunately certain pharmaceutical companies fail to keep up-to-date with the latest research or fail to anticipate potential side effects. Moreover, doctors may prescribe dangerous medicines to their patients and some women do not receive adequate information on the dangers of taking certain medications during pregnancy. These drugs are referred to as teratogens, and they can cause eastman birth defect attorney defects in the fetus, including spina bifida.

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

It is essential to gather as all evidence you can prior to filing a suit against the parties responsible. This includes blood tests, ultrasound images and medical bills that arise because of the birth defect. This information will help the attorney to determine the worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking events in a woman's lifetime. It's also the time when many medical professionals can make mistakes that cause birth defects. An experienced attorney can help parents in filing claims and getting the amount they deserve from those responsible for the handicap of their child.

Medical professionals aren't always able of determining the root of birth defects, but a large number can be due to environmental or chemical exposure. This can include exposure by parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

Furthermore, manufacturers and those who prescribe prescription medicines are required to inform people of their risks. Yet, a large percentage of these drugs are sold off-label to women who are pregnant age without proper warnings about the risk of birth defects. This is particularly true for 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 concentrates his practice on cases involving the occurrence birth defects due to parental exposure to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.