Birth Defect Litigation

Some injuries are beyond the parents in their control. If these injuries require special treatment and expensive procedures, it can cause families to be faced with massive costs.

A New York birth defect lawyer can help stunned parents file an action and receive compensation to pay for future expenses. However, the law imposes strict deadlines on when a claim must be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks of childbirth and pregnancy. birth defect compensation defects and injuries still occur. Families must consider their legal options when they are preventable.

Many birth defect lawsuits are made on the basis of accusations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any stage of pregnancy, labor and birth. Medical professionals may also be negligent following the birth of a child if they fail provide proper treatment.

Generally speaking, the statute of limitations in these cases is generally 2.5 years from the date of the occurrence of medical malpractice. For infants this period may be extended. However, Birth Defect Litigation it is important to seek legal advice as soon as you can to ensure that all evidence is gathered and that a timely claim can be filed.

In addition to medical malpractice, a suit may also be filed on behalf of an infant for birth defects caused by wrongful toxic and chemical exposures that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

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

A doctor or medical professional could be accused of malpractice when they cause birth defect legal defects due to their actions or inaction. These cases usually are due to medical negligence during labor or delivery. They can also be a result of any other perform a task that is not within the standard of medical care, such as, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One of these cases involves Teratogens. These medications can lead to serious birth defects. During pregnancy, doctors usually recommend women not to take this medication, which is commonly used to treat seizures. If a pregnant woman is exposed to this drug, she should submit an insurance claim.

It is important to choose an attorney with experience handling these kinds of cases. You should choose a firm that has extensive experience in this field. It also is on contingency, which means you won't have to pay anything until you win. Look for an attorney with great negotiation and communication skills. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

Drug makers are required to ensure that their products are tested properly and warn the public of any potential risks. Unfortunately, some pharmaceutical companies do not keep up with research or anticipate possible side effects. In addition, doctors can prescribe dangerous medications to their patients, and some women do not get proper information about the risks of taking certain medications during pregnancy. These drugs are referred to as teratogens. They can cause birth defects within the fetus, such as spina bifida.

Other substances that may cause birth defects are chemicals that are used in manufacturing and agriculture as well as heavy metals such as mercury that are contaminating air or groundwater. Diane Paolicelli's legal profession has been dedicated to combating powerful corporations that expose women to harmful chemicals and substances that could harm their reproductive health or lead to birth defects.

If you are filing a lawsuit against the parties who are responsible for your child's illness It is crucial to gather the most evidence you can. This includes blood tests, ultrasound images and medical bills that arose as a result of the birth defect. This assists the attorney in determining the financial value of the case.

Product Liability

Pregnancy can be one of the most exciting, but stressful experiences in women's lives. But it's also a time when many medical professionals make mistakes that can lead to birth defects. An experienced attorney can help parents file a claim against those responsible for their child's condition and obtain the proper compensation they're entitled to.

Medical experts are not always able to pinpoint the causes of birth defects, but many of them can be attributed to chemical or environmental exposure. This can be due to exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

The pharmaceutical companies and those who prescribe medications must also inform people about the dangers. A large portion of these medications are sold to women who are pregnant, without warnings about the possibility of birth defect attorneys defect. This is especially relevant for antidepressants like Prozac and Zoloft.

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