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Birth Defect Litigation

Certain injuries are beyond the parents or their control. Families could be faced with a huge bill when injuries require expensive procedures and specialized care.

A New York birth defect lawyer can assist parents who are shocked to file an appeal and obtain compensation to cover future expenses. However, the law puts strict deadlines for when a claim should be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks associated with pregnancy and childbirth. Birth defects and injuries remain a possibility. If they can be prevented, families must consider their legal options.

Many birth defect suits are made on the basis of allegations that medical malpractice occurred. These cases may involve mistakes committed by nurses or doctors at any point in the pregnancy, labor and delivery processes. Additionally medical professionals may be guilty of medical malpractice after a child's birth by failing to provide proper care.

Generally, the statute of limitations in these cases is generally 2.5 years from when the act was committed of medical negligence. The time limit may be extended for infants. However, it is important to seek legal counsel immediately to ensure that all evidence is gathered and that a timely claim can be filed.

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

Parents should think about the following characteristics when choosing an attorney to represent them in a suit for birth defects or injuries:

Medical Malpractice

birth defect attorney defects can lead to a wide range of physical or mental problems. Some of them may even be fatal. Some of these issues could be caused by genetics, while others are caused by environmental exposures or prescription medications taken during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defects as a result of their actions or inaction. The majority of these cases are based on medical negligence in delivery or labor. They may also involve any other perform a task that is not within the standard of medical care, such as not diagnosing an illness or prescribing the wrong medication during pregnancy.

One example of this type of case is a medication known as teratogens, which could cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should make an insurance claim.

It is important to select an attorney who is experienced in handling these kinds of cases. Find a law firm that has a specialization in this area, and works on an on a contingency basis, meaning you don't pay anything unless you get the case won. Look for an attorney with great negotiation and communication skills. This will help to ensure that you submit your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities, that require expensive medical treatment and accommodations for the child. The majority of these problems are genetically inherited, but some of them may be caused by chemical or environmental exposure, or by medications the mother was taking during pregnancy.

Drug makers are required to test their products correctly and warn the public of the potential dangers. Unfortunately some pharmaceutical companies don't keep up-to-date with current research or fail to anticipate potential adverse consequences. Furthermore, doctors may prescribe dangerous drugs to patients and women may not receive adequate information on the risks of taking certain medications during pregnancy. These drugs, known as teratogens, may cause birth defects such as spina-bifida in the fetus.

Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural industries, and heavy metals such as mercury that pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that affect their reproductive health and cause birth defects.

When bringing lawsuits against the parties responsible for your child's condition, it is important to gather as much evidence as possible. Included in this are any ultrasound images and blood tests as well as medical bills that are incurred due to. This information will help the attorney assess the value of the case.

Product Liability

Pregnancy can be one of the most exciting and anxious experiences of the life of a woman. It's also the time that medical professionals can make mistakes that can lead to birth defects. An experienced attorney can help parents file a claim against those who are responsible for their child's disabilities and receive the amount of compensation they deserve.

Medical experts aren't always able determine the causes of birth defects, but most of them can be caused by environmental or chemical exposure. This can include parental exposure to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying for crops and pesticides.

The pharmaceutical companies and those who prescribe medicines also have a duty to warn the public about their risks. A significant portion of these drugs is marketed 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 defect law firms defects lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects are caused by exposure of parents to toxic chemicals, such as those employed in semiconductor manufacturing or agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.