Birth Defect Litigation

Some injuries are out of the parents or their control. If these injuries require special care and costly procedures, it can cause families to incur huge costs.

A New York birth defect attorney can help parents who are in shock to file an action to receive compensation for future expenses. The law has strict deadlines on when a claim 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 continue to occur. If they're preventable families need to explore their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any time during pregnancy, labor and delivery procedures. In addition medical professionals could be guilty of medical malpractice following the birth of a child, in the event that they fail to provide the proper treatment.

Generally speaking, the statute of limitations in these cases is generally 2.5 years from the date of the incident of medical negligence. The time frame may be extended for infants. But, it is crucial to seek legal counsel as soon as you can to ensure that all evidence has been collected and that a timely claim can be filed.

A lawsuit may be filed on behalf of a child for birth defects caused by toxic and chemical exposures during the pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

Parents should take into consideration the following qualities when selecting an attorney to represent them in a lawsuit involving birth defects or injuries:

Medical Malpractice

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

A doctor or medical professional could be convicted of malpractice when they cause birth defects due to their actions or inaction. These cases typically involve medical negligence during labor or delivery. However, they may also include any act or inability to act that falls short of a medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One such case involves teratogens. These medications can lead to serious birth defect attorneys defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must file an insurance claim.

It is essential to choose an attorney who has previous experience in these cases. Find a firm that is specialized in this area and works on a contingency basis, so you won't have to pay a dime unless you succeed. Choose an attorney with great negotiation and communication skills. This will help to ensure that you submit your claim before the time limit expires.

Prescription Drugs

Many birth defects lead to physical or mental disabilities, which require costly medical care and accommodations for the child. Often, these conditions are genetic, however some can be caused by chemical or environmental exposure, or medications that the mother consumed during pregnancy.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and warn consumers about any potential risks. Sadly, some pharmaceutical companies fail to keep up with research or foresee potential side consequences. Furthermore, doctors may prescribe dangerous drugs to patients, and some women do not have adequate information about the risks of taking certain medications during pregnancy. These drugs are referred to as teratogens, and they can cause birth defects within the fetus. This includes spina bifida.

Other substances that could cause birth defects include chemicals used in agriculture and manufacturing as well as heavy metals like mercury that are contaminating groundwater and air. Diane Paolicelli's career in law has been focused on fighting powerful corporations who expose women to harmful chemicals and substances that can harm their reproductive health or cause birth defects.

It is crucial to gather as many evidences as you can before making a claim against the responsible parties. Included in this are any ultrasound images or blood tests, as well as medical bills incurred as a result. This information can help the attorney assess the worth of the case.

Product Liability

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

Medical experts aren't always able determine the specific cause of birth defects, however a large number can be caused by environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for crop spraying and pesticides.

Furthermore, manufacturers and those who prescribe prescription medications are required to inform patients of the risks. A large portion of these drugs are marketed to women who are expecting without warnings of the possibility of birth defect. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases involving the development of birth defects caused by exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.