Birth Defect Litigation

Some injuries are out of the parents or their control. Families are left with a large bill when injuries require costly procedures and specialized care.

A New York birth defect attorney can assist parents in shock file an appeal to be compensated for future expenses. The law has strict deadlines for when claims can be filed.

Statute of Limitations

Modern medical technology and advances have reduced the risks that are associated with childbirth, pregnancy and birth. However, birth defects and injuries still occur. Families need to explore their legal options when they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice that occurred. These cases could involve mistakes made by doctors or nurses at any point during the birth, labor and delivery procedures. Medical professionals can also be guilty of malpractice following the birth of a baby if they fail provide proper treatment.

Generally speaking, the time-limit for these cases is 2.5 years from the date of the incident of medical negligence. This time frame may be extended for infants. It is nevertheless important to seek legal counsel early enough to ensure that all evidence is collected and that a timely claim can be filed.

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

Parents should consider the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth defects or birth injuries:

Medical Malpractice

birth defect attorneys defects can cause a variety of physical and mental problems. Certain birth defects could be fatal. Some of these issues are genetic, but others are caused by exposure to the environment or the use of prescribed drugs during pregnancy.

A doctor or medical professional could be accused of malpractice if they cause a birth defect through their actions or inaction. The majority of these cases are based on medical negligence during labor or delivery. They also encompass any act of failure to 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 involves a medication called teratogens. This medication can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug, she must file an insurance claim.

It is essential to select an attorney who has experience in handling these types of cases. You should look for a firm that has experience in this field and works on contingency, so you won't have to pay nothing until you win. Additionally, you should choose a lawyer who has excellent negotiation and communication abilities. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects can cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. Most often, these disorders are genetic, however some can be caused by environmental or chemical exposure, or medications that the mother took while pregnant.

Pharmaceutical companies are required to test their products correctly and inform the public of any risks that could be present. Unfortunately, some pharmaceutical companies don't keep up to date with the latest research or fail to anticipate possible side effects. Some doctors recommend dangerous drugs to their patients. Moreover, some women aren't aware of the dangers associated with taking certain drugs while pregnant. These drugs, known as teratogens, can cause birth defects such as spina-bifida, which is a birth defect in the fe.

Other substances that could cause birth defects include chemicals that are used in manufacturing and agriculture in addition to heavy metals such as mercury, which are contaminating the groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and other substances that cause harm to their reproductive health and lead to birth defects.

If you are filing an action against the parties accountable for your child's condition it is crucial to gather the most evidence you can. Included in this are any ultrasound images, blood tests, and medical bills that are incurred due to. This helps the attorney establish the value of the case.

Product Liability

Pregnancy is among the most exciting, yet nerve-wracking experiences in the life of a woman. But it's also a time where medical professionals often make mistakes that can cause birth defects. An experienced attorney can help parents bring a lawsuit against those accountable for their child's handicap and acquire the proper compensation they're entitled to.

Although the causes of birth defects are usually unknown to medical professionals, a significant number can be linked to exposure to chemicals or environmental factors. This could include contact from parents with toxic chemicals at the workplace, like solvents and glycol ethers used in semiconductor manufacturing, and agricultural chemicals for pesticides and spraying crops.

Furthermore, manufacturers and those who prescribe prescription medicines have a responsibility to inform people of their risks. Yet, a substantial portion of these drugs are marketed off-label to women who are pregnant age without warnings regarding the potential for birth defects. This is especially 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 are caused by exposure to toxic chemicals by parents such as those that are employed in semiconductor manufacturing or farming. He graduated from American University in Washington, D.C. and Suffolk University Law School.