Birth Defect Litigation

Parents want perfect babies, but some injuries happen beyond their control. Families can be left with a large bill when injuries require costly procedures and special attention.

A New York birth defect attorney can assist parents who are in shock file claims to obtain compensation for future expenses. The law has strict time limits for when claims can be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks that come with childbirth and pregnancy. However birth defects and injuries do occur. Families should consider their legal options when they are preventable.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors at any time during labor and delivery procedures. In addition medical professionals can be guilty of medical malpractice after the birth of a child, by failing to provide the correct treatment.

Generally, the time-limit for these cases is 2.5 years from the date of the incident of medical malpractice. For infants this period can be extended. It is crucial to consult a lawyer early enough to ensure that all evidence is collected and that a timely complaint be filed.

In addition to medical malpractice, a suit could 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 defects lawyers can examine these claims and bring them to trial on behalf of the family.

Parents should think about the following qualities when selecting an attorney to represent them in a lawsuit involving birth defect or injury:

Medical Malpractice

Birth defects can lead to a variety of mental and physical problems. Some of them may even be fatal. Some of these problems are caused by genetics, while others are due to exposure to the environment or the use of prescription drugs during pregnancy.

A medical professional or doctor could be accused of misconduct when they cause birth defects through their actions or inaction. These cases typically involve medical negligence during the birth or labor process. However, they could also include any act or failure to act that falls short of the medical standard of care, like not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One example is involving teratogens. These drugs can cause serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug, then she must make a claim.

It is vital to choose an attorney with prior experience in these types of cases. You should choose an attorney with extensive experience in this field. It also is on contingency, which means you don't have to pay nothing until you win. Also, you should look for an attorney with excellent negotiation and communication abilities. This will ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

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

Drug manufacturers have an obligation to thoroughly test their products and warn consumers of any risks. Unfortunately some pharmaceutical companies fail to keep up to date with the latest research or fail to anticipate potential adverse consequences. Some doctors prescribe dangerous drugs to their patients, and some women are not aware of the risks of taking certain drugs while pregnant. These are known as teratogens and can cause birth defects in the fetus. This includes spina Bifida.

Other substances that may cause birth defects include chemicals employed in the production and agricultural industries, as well as heavy metals such as mercury that are contaminating air or groundwater. Diane Paolicelli's legal career is dedicated to combating powerful corporations that expose women to toxic chemicals and substances that may affect their reproductive health or lead to birth defects.

When bringing an action against the parties who are responsible for your child's illness it is essential to gather as much evidence as you can. Included in this are any ultrasound images as well as blood tests and medical bills that are incurred as a result. This information can help the attorney determine the worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking moments in a woman's life. But it's also a period when medical professionals can make mistakes that can cause birth defects. An experienced attorney can help parents in filing an appeal and gaining the compensation they deserve against those responsible for the handicap of their child.

Medical experts are not always able to determine the root of birth defects, however a large number can be attributed to chemical or environmental exposure. This can include parental exposure to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in pesticides and crop spraying.

Additionally, the manufacturers and those who prescribe prescription medicines have a responsibility to warn consumers of the dangers. A majority of these medications are sold to women who are expecting without warnings of the potential for birth defect lawsuit, Clicavisos.com.ar, defects. This is particularly applicable to 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 focuses his practice on cases where birth defects result from exposure of parents to toxic chemicals, such as those employed in semiconductor manufacturing or farming. He graduated from American University in Washington, D.C. and Suffolk University Law School.