Birth Defect Litigation

Some injuries are out of the parents in their control. If these injuries require special treatment and costly procedures, it could leave families with huge expenses.

A New York birth defect attorney can help parents who are in shock to file a claim to get compensation for future expenses. However, the law puts strict deadlines for when a claim should be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks associated with pregnancy and childbirth. Birth defects and injuries remain a possibility. When they are preventable, families must explore their legal options.

Many birth defect suits are stemming from allegations that medical malpractice occurred. These cases could involve mistakes committed by nurses or doctors staff at any stage of labor, birth and pregnancy. Additionally medical professionals may be guilty of medical malpractice following 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 negligence. This time period can be extended to infants. It is nevertheless important to seek legal counsel as soon as possible to ensure that all evidence is collected and that a timely claim be filed.

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

Parents should be aware of the following qualities when selecting an attorney to represent them in a lawsuit involving birth defect or birth Defect lawyers injury:

Medical Malpractice

Birth defects can result in many physical or mental problems. Some may even be fatal. Some of these issues are inherited, whereas others are due to exposure to environmental factors or the usage of prescription drugs during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects through their actions or inaction. These cases usually involve medical negligence during the birth or labor process. They may also involve any other be in compliance with a standard of medical care, for example the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of case is a medication called teratogens. It can cause birth defects that are serious. In the course of pregnancy, doctors generally advise women to not take this medication, which is used in the treatment of seizures. If women are exposed to the drug, she must file an insurance claim.

It is important that you choose an attorney with expertise in these kinds of cases. It is best to choose a firm with extensive experience in this field. It also works on contingency, so you don't pay anything until you are successful. Look for an attorney who has outstanding negotiation and communication skills. This will help ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

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

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

Other substances that could cause birth defects include chemicals employed in the production and agricultural industries and heavy metals, like mercury, which are contaminating the groundwater or the air. Diane Paolicelli's legal profession has been dedicated to combating powerful corporations that expose women to toxic substances and chemicals that can cause harm to their reproductive health and lead to birth defects.

If you are filing a lawsuit against the parties that are accountable for your child's health it is essential to gather as much evidence as possible. Included in this are any ultrasound images or blood tests, as well as medical bills that are incurred as a result. This information helps the attorney to determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting, but anxiety-inducing experiences in a woman's lifetime. It's also a time where medical professionals can make mistakes that can lead to birth defects. A top 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 to determine the root of birth defects, however the majority of them can be due to environmental or chemical exposure. This can include parental contact with toxic chemicals in the workplace, such as glycolethers and solvents utilized in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as spraying of crops.

In addition, manufacturers and the people who prescribe prescription medications have a responsibility to warn consumers of the dangers. A significant portion of these drugs are marketed to women who are pregnant without warnings about the risk of birth defect. This is especially the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects result from exposure to toxic chemicals by parents such as those used in the manufacture of semiconductors or in agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.