Birth Defect Litigation

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

A New York birth defect lawyer can assist parents who are shocked to file an appeal and obtain compensation to cover future expenses. 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 that come with childbirth and pregnancy. Birth defects and injuries do continue to occur. When they are preventable, families should consider their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve mistakes made by doctors or nurses at any time during labor and birth processes. Medical professionals can also be negligent after the birth of a child when they fail to provide the proper treatment.

In general, the statutes of limitations in these cases are 2.5 years after the date of the medical mistake. For infants this can be extended. But, it is crucial to seek legal counsel early enough to ensure that all evidence has been collected and that a timely claim be filed.

A lawsuit may be filed on behalf of a child in relation to birth defects that are caused by toxic and chemical exposures during the pregnancy. Lawyers specially trained in birth defects can examine these claims and bring them to trial on behalf of the family.

Parents should take into consideration the following factors when choosing an attorney to represent them in a lawsuit for birth defects or injuries:

Medical Malpractice

Birth defects can lead to various mental and physical ailments. Some of them could be fatal. Some of these problems are caused by genetics, while others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. They also encompass any perform a task that is not within the standard of medical care, for example, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One instance of case involves a medication called teratogens. It can cause birth defects that are serious. Doctors generally 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 make an action.

It is important to choose an attorney who is experienced in handling these types of cases. It is best to choose an attorney who has experience in this field and is on contingency, which means you don't have to pay anything until you are successful. Also, search for a lawyer who has excellent communication and negotiation abilities. This will ensure that you file your claim before the time limit expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to ensure that their products are tested properly and inform consumers of any potential risks. Unfortunately, some pharmaceutical companies fail to keep up with the latest research or foresee potential side consequences. Some doctors prescribe dangerous drugs to their patients. Moreover, some women are not aware of the risks of taking certain drugs while pregnant. These medications, also known as teratogens, can cause birth defects, such as spina-bifida, in the fetus.

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

If you are filing an action against the parties that are accountable for your child's health it is essential to gather as much evidence as you can. This includes any ultrasound scans, blood tests and medical bills that arose due to the birth defect. This information will help the attorney assess the value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking experiences a woman can go through in her life. It's also the time when many medical professionals can make mistakes that can lead to birth defects. A top lawyer can help parents make a claim against those responsible for their child's condition and receive the compensation they deserve.

Although the causes of birth defects are often unknown to medical professionals however, a significant proportion are linked to exposure to chemicals or environmental causes. This may include contact by parents with toxic chemicals at the workplace, such as solvents and glycol ethers used in semiconductor manufacturing, as well as chemical pesticides used in agriculture and spraying of crops.

The manufacturers and the people who prescribe medication also have a duty to warn people about the dangers. A significant portion of these drugs is marketed to pregnant women without warnings about the possibility of birth defect. This is especially applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases where birth defects are caused by exposure of parents to toxic chemicals like those used in semiconductor manufacturing or agricultural. He is a graduate from the American University in Washington, D.C. as well as Suffolk University Law School.