birth defect lawsuit Defect Litigation

Parents want perfect babies however, there are some injuries that occur outside of their control. If these injuries require special care and costly procedures, it can leave families with huge expenses.

A New York birth defect attorney can help parents who are in shock to file an appeal to be compensated for future expenses. The law has strict deadlines on when claims can be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks of childbirth and pregnancy. Birth defects and injuries do remain a possibility. Families should consider their legal options if they can be prevented.

Many birth Defect Lawsuit defect lawsuits are based upon allegations of medical malpractice. These cases may involve mistakes made by doctors or nurses at any time during labor and delivery processes. Medical professionals can also be negligent following the birth of a child when they fail to provide the proper treatment.

Generally speaking, the time limit for these cases is 2.5 years from when the act was committed of medical negligence. The time frame may be extended for infants. It is crucial to consult a lawyer early enough to ensure that all evidence is gathered, and that a timely complaint be filed.

A lawsuit can 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 prosecute these claims on behalf of the family.

Parents should take into consideration the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth defects or birth injuries:

Medical Malpractice

Birth defects can lead to various mental and physical problems. Some of them may even be fatal. Some of these issues could be caused by genetics and others may be caused by exposure to environmental factors or prescription medications used during pregnancy.

A doctor or medical professional could be accused of misconduct when they cause birth defects by their actions or inaction. The most common cases involve medical negligence during the birth or labor process. However, they can also include any act or inability to act in excess of a medical standard of care, such as failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One such type of case involves a medication called teratogens, which can cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug, then she must make a claim.

It is important that you select an attorney with prior experience in these types of cases. You should seek out a firm with extensive experience in this field. It also is based on contingency, meaning that you won't have to pay anything until you win. Find an attorney who has outstanding negotiation and communication skills. This will help ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, that require costly medical treatment and accommodations for the child. Often, these conditions are genetic, however some of them may be caused by chemical or environmental exposure or medication that the mother consumed during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and inform consumers of any risks. Unfortunately certain pharmaceutical companies do not keep up to date with the latest research or fail to anticipate potential side effects. Some doctors recommend dangerous drugs to their patients. Some women are not informed about the risks of taking certain drugs while pregnant. These drugs are referred to as teratogens, and they can cause birth defects in the fetus including spina bifida.

Other substances that may cause birth defects include chemicals that are used in manufacturing and agriculture, as well as heavy metals such as mercury, which are contaminating the groundwater or air. Diane Paolicelli's legal career is focused on combating powerful corporations that expose women to harmful chemicals and substances that may affect their reproductive health or lead to birth defects.

When bringing a lawsuit against the parties accountable for your child's condition it is crucial to gather the most evidence you can. This includes ultrasound images, blood tests and medical bills incurred due to the birth defect. This helps the attorney establish the financial worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking experiences a woman can go through in her life. It's also the time when medical professionals are prone to making mistakes that result in birth defects. An experienced attorney can help parents make a claim against those accountable for their child's handicap and receive the amount of compensation they deserve.

While the causes of birth defect lawyer defects are often unknown to medical professionals, a significant number can be attributed with exposure to chemicals or the environment. This could include exposure of parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

The pharmaceutical companies and those who prescribe medication are also required to warn the public about the risks. A significant portion of these medications are sold to women who are expecting without warnings of the potential for birth defects. 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 chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects result from exposure to toxic chemicals in the home by parents such as those that are used in semiconductor manufacturing or agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.