Birth Defect Litigation

Certain injuries are beyond the parents or their control. Families could be faced with a large bill when injuries require expensive procedures and special care.

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

Statute of Limitations

Modern technology and medical advancements have aided in reducing the risks that are associated with childbirth, pregnancy and birth. However birth defects and injuries can still occur. When they are preventable, families must explore their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve errors committed by nurses or doctors personnel at any stage of labor, birth and pregnancy. In addition, medical professionals can commit medical malpractice following a child's birth if they fail to provide the proper treatment.

Generally speaking, the time-limit for these cases is generally 2.5 years from the date of the occurrence of medical malpractice. The time limit is extended for infants. It is important to consult a lawyer early enough to ensure that all the evidence is collected and that a timely complaint be filed.

In addition to medical malpractice, a suit can also be brought on behalf of an infant for birth defects caused by wrongful toxic and chemical exposures that take place during the 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 aspects when choosing an attorney to represent them in a lawsuit involving birth injury or defect:

Medical Malpractice

Birth defects can lead to many mental or physical ailments. Certain birth defects could cause death. Some of these issues are inherited, whereas others are due to exposure to the environment or the use of prescribed drugs during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause clayton birth defect lawsuit defects due to their actions or inaction. These cases are usually based on medical negligence in labor or delivery. They also encompass any other perform a task that is not within the standard of medical care, such as the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One of these cases involves teratogens. These drugs can result in serious birth defects. During pregnancy, doctors usually recommend women not to take this medication, which is used to treat seizures. If an individual is exposed to the drug, birth defect lawyer then she should make a claim.

It is crucial to choose an attorney who has previous experience in these cases. Choose a law firm that is specialized in this area and works on an on a contingency basis, meaning you don't pay anything unless you succeed. Additionally, you should choose a lawyer with strong communication and negotiation abilities. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. Most often, these disorders are inherited, but a few can be caused by chemical or environmental exposure, or Gaffney birth defect Lawyer medications that the mother consumed during pregnancy.

Drug makers are required to adequately test their products and warn consumers about any risks. Unfortunately, some pharmaceutical companies fail to keep up with research or foresee potential side consequences. Furthermore, doctors may prescribe dangerous medications to their patients and women may not receive adequate information on the dangers of taking certain drugs during pregnancy. These drugs, also known as teratogens can cause birth defects such as spina-bifida that can occur in the fetus.

Other substances that may cause birth defects include chemicals employed in the production and agricultural industries as well as heavy metals such as mercury that are contaminating groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and substances that can damage their reproductive health and cause birth defects.

When filing a lawsuit against the parties responsible for your child's condition it is crucial to gather as much evidence as you can. This includes blood tests, ultrasound images and medical bills that arise due to the birth defect. This allows the attorney to determine the value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. It's also a time when many medical professionals make mistakes that can cause birth defects. A top lawyer can help parents file a claim against those responsible for their child's disability and get the proper compensation they're entitled to.

While the causes of birth defects are often not understood by medical professionals, a significant number can be attributed to exposure to chemicals or environmental causes. This could be due to contact by parents with toxic chemicals at the workplace, like glycol ethers and solvents used in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as spraying of crops.

In addition, the manufacturer and the people who prescribe prescription medications have a responsibility to inform consumers of the dangers. Yet, a large percentage of these drugs are marketed off-label to women of childbearing age, without warnings about the potential for birth defects. This is particularly true for antidepressants like 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 involving the development of birth defects due to exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.