Birth Defect Litigation

Some injuries are beyond the parents of their control. If these injuries require special care and costly procedures, it can cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents in filing claims and receive compensation to pay for future expenses. The law has strict deadlines for when claims can be filed.

Statute of limitations

Modern medical technology and advances have helped to reduce risks related to pregnancy, childbirth and birth. Birth defects and injuries do remain a possibility. Families need to explore their legal options if they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors staff at any stage of the birth process, including labor and pregnancy. Additionally medical professionals could be guilty of medical malpractice after the birth of a child in the event that they fail to provide proper treatment.

In general, the statutes of limitation for these cases are 2.5 years from the date of the medical error. The time frame is extended for infants. It is essential to speak with a lawyer immediately to ensure that all the evidence is collected, and that a timely complaint can be filed.

In addition to medical malpractice, a suit may also be filed on behalf of an infant for birth defects resulting from improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

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

Medical Malpractice

Birth defects can lead to a variety of mental and physical problems. Certain birth defects could cause death. Some of these issues could be caused by genetics, while others are caused by exposure to the environment or prescription medications taken during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defects through their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they can also comprise any act or failure to act in excess of the medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One example is involving teratogens. These drugs can result in birth defects that are serious. 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, she must file a claim.

It is crucial to select an attorney who has handled these types of cases. It is best to choose an attorney with experience in this field and is on contingency, which means you don't have to pay anything until you win. Also, look for a lawyer with strong communication and negotiation abilities. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects cause physical or mental disabilities, that require expensive medical treatment and accommodations for the child. Most often, these disorders are genetically inherited, but some of them are caused by environmental or chemical exposure or medication that the mother was taking during pregnancy.

Drug manufacturers are required to test their products thoroughly and warn consumers about any potential risks. Unfortunately some pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate possible adverse consequences. Additionally, doctors can prescribe dangerous drugs to their patients and some women do not get proper information about the risks of taking certain drugs during pregnancy. These drugs are known as teratogens, and they can cause birth defects within the fetus, such as spina Bifida.

Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury, which contaminate air or groundwater. Diane Paolicelli's legal career has been dedicated to fighting powerful corporations that expose women to toxic chemicals and substances that could damage their reproductive health or cause birth defects.

When filing an action against the parties that are accountable for your child's health It is crucial to gather the most evidence you can. Included in this are ultrasound images and blood tests as well as medical bills that are incurred due to. This allows the attorney to determine the financial value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful events in a woman's lifetime. It's also a time where many medical professionals can make mistakes that result in birth defects. A top lawyer can help parents file a claim against those responsible for their child's condition and acquire the justice they deserve.

Medical professionals aren't always able of determining the exact cause of birth defect lawsuit defects, but the majority of them can be attributed to chemical or environmental exposure. This can include parental contact with toxic chemicals in the workplace, for example solvents and glycol ethers used in semiconductor manufacturing and agricultural chemicals used for pesticides as well as spraying on crops.

Additionally, the manufacturers and the people who prescribe prescription medications have a responsibility to warn people about the risks. However, a significant portion of these drugs are sold off-label to women who are pregnant age, without warnings about the potential for birth defects. This is especially relevant 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 where birth defects are caused by exposure to toxic chemicals by parents, such as those employed in semiconductor manufacturing or agricultural. He graduated from American University in Washington, D.C. and Suffolk University Law School.