Birth Defect Litigation

Parents want perfect babies However, some accidents happen beyond their control. Families may be left with a large bill when injuries require costly procedures and specialized care.

A New York birth defect attorney can assist parents in shock file a claim to get compensation for future expenses. However, the law imposes strict deadlines for the time a claim has to be filed.

Statute of limitations

Modern technology and medical advances have reduced the risks associated with pregnancy, childbirth and birth. Birth defects and injuries do still occur. If they can be prevented, families must explore their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve errors made by nurses or doctors at any time during pregnancy, labor and delivery procedures. Medical professionals may also be negligent following the birth of a baby if they fail provide proper treatment.

In general, the statutes of limitation for these cases is 2.5 years from the date of the medical error. For infants this period can be extended. However, it is important to seek legal advice immediately to ensure that all evidence has been collected and that a timely claim be filed.

A lawsuit may be filed on behalf of a child in relation to birth defects that are caused by chemical and toxic exposures during the 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 for birth defects or birth defect lawyer injuries:

Medical Malpractice

Birth defects can cause a variety of mental and physical problems. Certain birth defects can be fatal. Some of these issues may be caused by genetics and others may be caused by exposure to environmental factors or prescription drugs used during pregnancy.

A doctor Birth Defect attorney or medical professional could be convicted of malpractice when they cause birth defects by their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they can comprise any act or failure to act that falls short of a medical standard of care, such as failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One example of situation is a drug known as teratogens, which could cause birth defects that are serious. During pregnancy, doctors usually advise women to avoid taking this medication, which is commonly used in the treatment of seizures. If an individual is exposed to the drug, then she should make an action.

It is important to select an attorney who is experienced in handling these kinds of cases. Find a law firm that is experienced in this field and operates on an hourly basis, which means you don't pay anything unless you get the case won. Find an attorney who has great negotiation and communication skills. This will help to ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to adequately test their products and inform consumers of any risks. Unfortunately some pharmaceutical companies do not keep up-to-date with the latest research or fail to anticipate possible adverse effects. Additionally, doctors can prescribe dangerous medicines to their patients and some women do not receive adequate information on the risks of taking certain medications during pregnancy. These drugs, also known as teratogens can cause birth defects such as spina-bifida, in the fetus.

Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury which pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and other substances that cause harm to their reproductive health and lead to birth defects.

It is essential to gather as many evidences as you can before making a claim against the responsible parties. This includes ultrasound scans, blood tests and medical bills that arose because of the birth defect. This information will help the attorney assess the worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful experiences a woman can go through in her life. It's also the time when medical professionals are prone to making mistakes that lead to birth defects. A top attorney can help parents file a claim against those accountable for their child's handicap and obtain the amount of compensation they deserve.

Medical professionals aren't always able to determine the exact cause of birth defects, however the majority of them can be caused by environmental or chemical exposure. This could include contact from parents with toxic chemicals in the workplace, such as solvents and glycol ethers used in semiconductor manufacturing, and chemical pesticides used in agriculture and spraying of crops.

Additionally, the manufacturers and those who prescribe prescription medicines are required to inform people about the risks. A large number of these drugs are marketed to women who are pregnant without warnings of the possibility of birth defects. This is especially the case with 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 involving the occurrence of birth defects due to parental exposure to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.