Birth Defect Litigation

Parents want perfect children However, some accidents happen out of their control. When injuries require specialized treatment and costly procedures, it can cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents who are shocked to file an appeal and obtain compensation to cover future costs. However, the law places strict deadlines the time a claim has to be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks associated with pregnancy and childbirth. Birth defects and injuries persist. Families need to consider their legal options when they can be prevented.

Many birth defect lawsuit defect lawsuits are founded on allegations of medical malpractice. These cases can involve mistakes made by nurses or doctors staff at any time during labor, birth and pregnancy. Additionally medical professionals may be guilty of medical malpractice after the birth of a child if they fail to provide the correct treatment.

Generally speaking, the time-limit for these cases is generally 2.5 years from the date of the occurrence of medical malpractice. For infants, this time is sometimes extended. However, it is important to seek legal advice early enough to ensure that all evidence has been collected and that a timely claim can be filed.

In addition to medical malpractice, a suit can also be brought on behalf of an infant for birth Defect lawsuit defects resulting from improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

When selecting an attorney for a birth defect or birth injury lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can lead to various mental and physical ailments. Some birth defects can be fatal. Some of these issues could be caused by genetics while others are caused by exposure to environmental factors or prescription medications used during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defects through their actions or inaction. These cases usually involve medical negligence during labor or delivery. However, they can also be a result of any action or failure to act that falls short of the medical standard of care, such as failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One such case involves 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 the woman is exposed to the drug she must make an action.

It is crucial to select an attorney who has previous experience in these cases. Find a law firm that has a specialization in this field and operates on a contingency basis, so you won't have to pay a dime unless you are successful. Also, search for an attorney with excellent communication and negotiation abilities. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects can cause physical or mental disabilities that require costly medical treatment and accommodations for the child. The majority of these problems are genetic, but some can be caused by environmental or chemical exposure, or medications that the mother was taking during pregnancy.

Drug makers are required to ensure that their products are tested properly and warn consumers about any potential risks. Unfortunately certain pharmaceutical companies do not keep up with the latest research or fail to anticipate potential side consequences. Furthermore, doctors may prescribe dangerous drugs to their patients as well as some women do not receive adequate information on the risks associated with taking certain medications during pregnancy. These drugs, also known as teratogens may cause birth defects, like spina-bifida, in the fetus.

Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals such as mercury that affect groundwater or the air. Diane Paolicelli's legal career is dedicated to combating powerful corporations that expose women to harmful substances and chemicals that can damage their reproductive health or cause birth defects.

It is essential to gather as much evidence as you can prior to filing a suit against the parties responsible. This includes any blood tests, ultrasound images and medical bills that arise as a result of the birth defect. This information assists the attorney assess the value of the case.

Product Liability

Pregnancy is among the most exciting, but anxiety-inducing experiences in a woman's lifetime. It's also the time that medical professionals are prone to making mistakes that result in birth defects. An experienced attorney can help parents in filing an appeal and gaining the compensation they deserve from the people responsible for the disabilities of their child.

While the causes of birth defects are typically unknown to medical experts however, a significant proportion can be attributed to exposure to chemicals or environmental causes. This can include parental contact with toxic chemicals in the workplace, for example glycol ethers and solvents that are used in semiconductor manufacturing, as well as chemical pesticides used in agriculture and spraying crops.

The pharmaceutical companies and those who prescribe medicines are also required to inform the public about their risks. Yet, a substantial portion of these medications are sold off-label for women of childbearing age without adequate warnings about the potential for birth defects. This is particularly applicable to antidepressants such Prozac and Zoloft.

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