Birth Defect Litigation

Certain injuries are beyond the parents of their control. Families may be left with huge bills when these injuries require expensive procedures and special treatment.

A New York Birth defect lawyer (www.Diveland.kr) can assist parents in filing an action and receive compensation to cover future costs. The law has strict time limits on when a claim can be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks of childbirth and pregnancy. However birth defects and injuries still occur. Families need to consider their legal options when they are preventable.

Many birth defect suits are stemming from allegations of medical malpractice that occurred. These cases can involve errors made by doctors or nurses at any time during the birth, labor and delivery procedures. Additionally, medical professionals can commit medical malpractice after the birth of a child in the event that they fail to provide the correct treatment.

In general the statute of limitation for these cases is 2.5 years after the date of the medical mistake. The time limit can be extended to infants. It is essential to talk with an attorney whenever you can to ensure that all evidence is gathered and that a timely complaint be filed.

A lawsuit may be filed on behalf of a child to claim birth defects caused by toxic and chemical exposures during the pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

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

Medical Malpractice

Birth defects can cause a variety of physical and mental problems. Some of them can be fatal. Some of these problems are inherited, whereas others are due to exposure to environmental factors or the usage of prescribed drugs during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defects due to their actions or inaction. These cases typically are based on medical negligence in delivery or labor. However, they could also include any act or failure to act that is in violation of a medical standard of care, such as failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One example of situation involves a drug called teratogens. This medication can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should file a claim.

It is important that you select an attorney with experience in these types of cases. Find a firm that specializes in this area and operates on an hourly basis, which means there is no cost unless you get the case won. Also, you should look for a lawyer who has excellent negotiation and communication skills. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, that require costly medical treatment and accommodations for the child. These conditions are often caused by genetics, but can also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.

Pharmaceutical companies are required to test their products properly and inform the public about any risks that could be present. Unfortunately, some pharmaceutical companies do not keep up with research or anticipate possible side effects. Some doctors recommend dangerous drugs to their patients, and some women are not aware of the risks of taking certain medications during pregnancy. These medications, also known as teratogens, may cause birth defects, like spina-bifida that can occur in the fetus.

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

If you decide to file a lawsuit against the parties accountable for your child's condition, it is important to gather as much evidence as possible. Included in this are any ultrasound images as well as blood tests and medical bills that are incurred due to. This will help the attorney determine the monetary worth of the case.

Product Liability

Pregnancy can be one of the most exciting, and nerve-wracking experiences in the life of a woman. It's also a time where medical professionals make mistakes that cause birth defects. A top lawyer can help parents to file a claim against the medical professionals who are responsible for their child's disabilities and receive the proper compensation they're entitled to.

Medical experts are not always able determine the exact cause of birth defects, but many of them can be caused by environmental or chemical exposure. This may include contact by parents with toxic chemicals at the workplace, for example glycol ethers and solvents used in semiconductor manufacturing as well as chemical pesticides used in agriculture and spraying crops.

In addition, manufacturers and the people who prescribe prescription medications have a responsibility to inform patients of the risks. A significant portion of these medications are sold to women who are expecting without warnings of the possibility of birth defects. This is especially true for antidepressants like Prozac and Zoloft.

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