Birth Defect Litigation

Parents want their children to be perfect, but some injuries happen outside their control. Families could be faced with a huge bill when injuries require expensive procedures and special attention.

A New York birth defect attorney can help parents grieving and file claims to obtain compensation for future expenses. However, the law puts strict deadlines for the time a claim has to be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. However birth defects and injuries still occur. If they can be prevented, families need to explore their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve mistakes made by nurses or doctors staff at any stage of the birth process, including labor and pregnancy. In addition medical professionals could be guilty of medical malpractice following a child's birth by failing to provide proper care.

Generally speaking, the statute of limitations in these cases is 2.5 years from when the act was committed of medical malpractice. For infants, the time is sometimes extended. It is essential to talk with a lawyer immediately to ensure that all the evidence is gathered, and that a timely complaint can be filed.

A lawsuit may be filed on behalf of a child for birth defects that are caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can look into the claims and then prosecute them on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit parents should be looking for the following characteristics:

Medical Malpractice

birth defect law firms defects can trigger numerous mental or physical ailments. Some birth defects may be fatal. Some of these problems are caused by genetics, while others are caused by environmental exposures or the use of prescribed drugs during pregnancy.

A medical professional or doctor could be accused of malpractice in the event of causing a Birth Defect Lawsuit defect through their actions or inaction. The majority of these cases are due to medical negligence during delivery or labor. They can also be a result of any other act which falls below a standard of medical care, for example not diagnosing an illness or prescribing incorrect medication during pregnancy.

One example is involving the 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 a pregnant woman is exposed to this drug, she should make a claim.

It is important to select an attorney who has handled these kinds of cases. Find a law firm that is specialized in this area and operates on an on a contingency basis, meaning you don't pay anything unless you win. Also, you should look for an attorney with excellent negotiation and communication abilities. This will help to ensure that you submit your claim before the statute of limitation expires.

Prescription Drugs

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

Drug manufacturers have an obligation to thoroughly test their products and inform consumers of any risks. Unfortunately, some pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate possible adverse effects. In addition, doctors can prescribe dangerous drugs to patients, and some women do not receive the correct information regarding the dangers of taking certain medications during pregnancy. These drugs are known as teratogens, and they could cause birth defects in the fetus, such as spina bifida.

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

When filing lawsuits against the parties who are responsible for your child's illness it is crucial to gather as much evidence as you can. Included in this are ultrasound images, blood tests, and medical bills incurred due to. This information will help the attorney determine the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful times in a woman's life. It's also the time when medical professionals make mistakes that result in birth defects. A reputable attorney can assist parents in submitting an action and obtaining the compensation they deserve from those responsible for the handicap of their child.

Medical experts are not always able to determine the exact 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 harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in crop spraying and pesticides.

The manufacturers and the people who prescribe medication must also warn the public about the risks. A significant portion of these medications are sold to women who are pregnant, without warnings of the potential for birth defect. This is especially the case with 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 focuses his practice on cases where birth defects result from exposure to toxic chemicals by parents, such as those used in semiconductor manufacturing or farming. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.