Birth Defect Litigation

Parents want perfect babies However, some accidents happen beyond their control. Families may be left with huge debts when these injuries require costly procedures and special treatment.

A New York birth defect attorney can assist parents shocked to file an action to receive compensation for future expenses. However, the law puts strict time limitations on 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. However, birth defects and injuries still occur. If they can be prevented, families should consider their legal options.

Many birth defect law firms defect suits are based on allegations that medical malpractice occurred. These lawsuits can be based on mistakes made by doctors or nurses at any time during the labor and delivery procedures. Medical professionals may also be guilty of malpractice following the birth of a baby in the event that they fail to provide appropriate treatment.

In general the statute of limitations for these cases are 2.5 years after the date of the medical malpractice. For infants this can be extended. However, it is important to seek legal counsel as soon as possible to ensure that all evidence is obtained and that a timely claim be filed.

In addition to medical malpractice, a suit may also be filed on behalf of a baby for birth defects caused by improper toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect law firms defect lawyers can investigate and prosecute these claims on behalf of the family.

Parents should consider the following characteristics when choosing an attorney to represent them in a lawsuit for birth defect or injury:

Medical Malpractice

Birth defects can result in many mental or physical ailments. Some birth defects may be fatal. Some of these problems are genetic, but others are caused by exposure to environmental factors or the usage of prescribed drugs during pregnancy.

A medical professional or doctor could be accused of malpractice if they cause birth defects through their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they could also comprise any act or failure to act in excess of a medical standard of care, like failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example of this type of case involves a medication called teratogens. This medication can cause birth defects that are serious. When pregnant, doctors usually advise women to avoid taking this medication, which is used in the treatment of seizures. If a woman who is pregnant is exposed to this drug, she should file a claim.

It is crucial to select an attorney with previous experience in these cases. You should choose an attorney with experience in this field and works on contingency, so you don't have to pay any fees until you win. Find an attorney who has great negotiation and communication skills. This will help to ensure that you make your claim in time before the statute of limitations expires.

Prescription Drugs

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

Drug makers are required to ensure that their products are tested properly and warn the public of any potential dangers. Unfortunately, some pharmaceutical companies do not keep up to date with the latest research or fail to anticipate potential adverse effects. Additionally, doctors can prescribe dangerous medications to their patients and women may not get proper information about the dangers of taking certain drugs during pregnancy. These medications are referred to as teratogens, and they can cause birth defects in the fetus, such as spina bifida.

Other substances that can cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals such as mercury that pollute groundwater and air. Diane Paolicelli's legal career has been focused on fighting powerful corporations who expose women to toxic substances and chemicals that can affect their reproductive health or lead to birth defects.

If you are filing lawsuits against the people who are responsible for your child's illness it is crucial to gather as much evidence as you can. This includes blood tests, ultrasound images and medical bills that arise as a result of the birth defect. This helps the attorney establish the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxiety-inducing experiences in women's lives. But it's also a period where many medical professionals make mistakes that can lead to birth defects. An experienced attorney can assist parents bring a lawsuit against those responsible for their child's disability and obtain the amount of compensation they deserve.

Although the causes of birth defects are usually unknown to medical experts however, many of them are linked with exposure to chemicals or the environment. This can be due to exposure by parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for spraying for crops and pesticides.

In addition, manufacturers and those who prescribe prescription medications must inform people of their risks. A large number of these drugs are offered to women who are pregnant without warnings about the possibility of birth defects. This is particularly 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 concentrates his practice on cases where birth defects result from exposure to toxic chemicals by parents, such as those employed in semiconductor manufacturing or agricultural. He is a graduate of the American University in Washington, D.C. as well as Suffolk University Law School.