Birth Defect Litigation

Certain injuries are beyond the parents of their control. When these injuries require special care and costly procedures, it could result in huge costs for families.

A New York birth defect attorney can help parents who are in shock file claims to obtain compensation for future expenses. The law has strict time limitations on when a claim can be filed.

Statute of Limitations

Modern medical technology and advancements in medical science have aided in reducing the risks related to pregnancy, childbirth and birth. Birth defects and injuries persist. Families need to explore their legal options when they are preventable.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any point during pregnancy, labor and birth. Additionally medical professionals could be guilty of medical malpractice after the birth of a child, if they fail to provide proper care.

Generally, the time-limit for these cases is generally 2.5 years from the date of the act of medical negligence. For infants, the time is sometimes extended. But, it is crucial to seek legal counsel as soon as possible to ensure that all evidence is collected and that a timely claim be filed.

In addition to medical malpractice, a lawsuit could 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 investigate and pursue these claims on behalf of the family.

Parents should think about the following qualities when selecting an attorney to represent them in a lawsuit involving birth injury or defect:

Medical Malpractice

Birth defects can lead to various mental and physical ailments. Some of them may even be fatal. Some of these problems are caused by genetics, while others are due to exposure to the environment or the use of prescription medications during pregnancy.

A medical professional or doctor could be convicted of malpractice if they cause a birth defect through their actions or inaction. Most cases involve medical negligence during labor or delivery. However, they could also include any act or inability to act that is not in the range of the medical standard of care, such as failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One of these cases involves teratogens. These medications can lead to serious birth defects. Doctors typically 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 file an insurance claim.

It is essential to select an attorney who has prior experience in these types of cases. Find a firm that has a specialization in this area and Birth Defect Attorney operates on the basis of a contingent fee, which means you don't have to pay any fees unless you win. Look for an attorney who has excellent communication and negotiation skills. This will help to ensure that you submit your claim before the time limit expires.

Prescription Drugs

Many birth defects cause physical or mental disabilities that require costly medical treatment and accommodations for the child. These disorders are usually genetic, but they may also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Drug makers are required to thoroughly test their products and warn consumers about any potential risks. Unfortunately certain pharmaceutical companies don't keep up to date with the latest research or fail to anticipate potential adverse effects. Some doctors prescribe dangerous drugs to their patients. Some women are not aware of the risks associated with taking certain medications while pregnant. These drugs, known as teratogens, may cause birth defects, like spina-bifida in the fetus.

Other substances that can cause birth defects include chemicals that are used in manufacturing and agriculture and heavy metals, like mercury, which are contaminating the air or groundwater. Diane Paolicelli's legal career has been focused on fighting powerful corporations that expose women to harmful chemicals and substances that can harm their reproductive health or birth defect attorney lead to birth defects.

If you are filing lawsuits against the parties accountable for your child's condition, it is important to gather the most evidence you can. This includes any ultrasound images, blood tests and medical bills that arose due to the birth defect. This assists the attorney in determining the value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful experiences a woman can go through in her life. But it's also a period where many medical professionals make mistakes that could lead to birth defects. An experienced attorney can help parents file a claim against those who are responsible for their child's disabilities and get the justice they deserve.

Medical experts are not always able to pinpoint the specific cause of birth defects, however the majority of them can be due to environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for crop spraying and pesticides.

The pharmaceutical companies and those who prescribe medication are also obliged to warn the public about the dangers of their products. Yet, a substantial portion of these drugs are marketed off-label for women of childbearing age, without warnings about the risk of georgetown birth defect lawyer defects. This is especially true for antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases that involve the occurrence of birth defects caused by exposure of parents to toxic chemicals, including the ones used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.