Birth Defect Litigation

Parents want perfect children However, some injuries occur out of their control. If injuries that result from these accidents require special treatment and birth defect lawsuits expensive procedures, it can result in huge costs for families.

A New York birth defect lawyer can assist parents who are shocked to file a claim and get compensation to pay for future expenses. However, the law imposes strict deadlines 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 do still occur. Families should consider their legal options when they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve errors committed by nurses or doctors staff at any time during labor, pregnancy and birth. In addition medical professionals may be guilty of medical malpractice following a child's birth by failing to provide the proper treatment.

In general, the statutes of limitation for these cases is 2.5 years from the date of the medical negligence. For infants, this period may be extended. It is essential to speak with a lawyer as soon as you can to ensure that all evidence is gathered and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant for birth defects caused by improper toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can examine these claims and prosecute them on behalf of the family.

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

Medical Malpractice

Birth defects can lead to numerous mental or physical ailments. Certain birth defects could be fatal. Some of these problems are caused by genetics, while others are caused by environmental exposures or the use of prescription drugs during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects as a result of their actions or inaction. The majority of these cases are based on medical negligence during delivery or labor. They can also be a result of any other be in compliance with a standard of medical care, for example, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One such case involves Teratogens. These drugs can result in serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must file a claim.

It is important that you choose an attorney with previous experience in these cases. It is best to choose an attorney with years of experience in this field and is based on contingency, meaning that you won't be charged any fees until you win. Look for an attorney with an excellent ability to communicate and negotiate. This will ensure that you submit your claim 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 conditions are often genetic, but they can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and warn consumers of any potential risks. Unfortunately, some pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate possible side effects. Some doctors recommend dangerous drugs to their patients, birth defect lawsuits and some women are not informed about the risks of taking certain drugs while pregnant. These drugs, also known as teratogens, can cause birth defects, including spina-bifida in the fetus.

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

When filing an action against the parties accountable for your child's condition it is essential to gather as much evidence as you can. Included in this are any ultrasound images and blood tests as well as medical bills incurred due to. This allows the attorney to determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, and nerve-wracking experiences in the life of a woman. It's also a time where many medical professionals make mistakes that could cause birth defects. A top lawyer can help parents make a claim against those responsible for their child's disability and obtain the compensation they deserve.

Medical experts aren't always able to pinpoint the exact cause of birth defects, but the majority of them can be attributable to environmental or chemical exposure. 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.

Additionally, the manufacturers and those who prescribe prescription medicines must inform people about the risks. However, a lot of these drugs are offered off-label to women of childbearing age, without warnings about the risk of birth defects. This is particularly true for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects are caused by exposure of parents to toxic chemicals such as those employed in semiconductor manufacturing or agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.