Birth Defect Litigation

Parents want perfect children However, some accidents happen outside of their control. If injuries that result from these accidents require special medical attention and expensive procedures, it could cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents in filing an action and receive compensation to cover future expenses. However, the law places strict deadlines for the time a claim has to be filed.

Statute of limitations

Modern medical technology and advancements in medical science have aided in reducing the risks associated with childbirth, pregnancy and birth. Birth defects and injuries continue to occur. Families need to explore their legal options if they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any time during pregnancy, labor and delivery processes. Medical professionals may also commit malpractice after the birth of a baby in the event that they fail to provide appropriate treatment.

Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the act of medical malpractice. The time limit is extended for infants. It is crucial to consult an attorney as soon as you can to ensure that all evidence is gathered and birth defect lawyer that a timely complaint be filed.

In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can examine these claims and pursue them on behalf of the family.

When selecting an attorney for a birth injury or defect lawsuit parents should consider the following qualities:

Medical Malpractice

Birth defects can cause a variety of mental and physical issues. Some of them can be fatal. Some of these problems are inherited, while others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

A medical professional or birth defect lawyer doctor could be accused of misconduct in the event of causing birth defects by their actions or inaction. These cases typically involve medical negligence during labor or delivery. They can also include any other act which falls below a standard of medical care, like, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One instance of situation involves a drug called teratogens, which can cause birth defects that are serious. During pregnancy, doctors typically advise women to avoid taking this medication, which is utilized in the treatment of seizures. If a woman is exposed to the drug then she must make an insurance claim.

It is important to select an attorney who has handled these types of cases. You should look for an attorney with extensive experience in this field. It also works on contingency, so you don't have to pay nothing until you win. Additionally, you should choose a lawyer who has excellent negotiation and communication abilities. This can help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. Often, these conditions are genetic, but some can be caused by environmental or chemical exposure or medication that the mother consumed during pregnancy.

Drug manufacturers have an obligation to thoroughly test their products and warn consumers of any potential risks. Unfortunately certain pharmaceutical companies fail to keep up-to-date with current research or fail to anticipate possible adverse effects. Moreover, doctors may prescribe dangerous drugs to their patients as well as some women do not get proper information about the risks of taking certain drugs during pregnancy. These medications are referred to as teratogens. They can cause birth defects in the fetus. This includes spina Bifida.

Other substances that may cause birth defects are chemicals employed in the production and agricultural industries and heavy metals like 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 cause birth defects.

It is crucial to gather as all evidence you can prior to filing a suit against the responsible parties. This includes blood tests, ultrasound images and medical bills incurred due to the birth defect. This will help the attorney determine the worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful experiences a woman can go through in her life. However, it's also a time when many medical professionals make mistakes that can cause birth defects. An experienced attorney can help parents in filing an appeal and gaining the money they deserve from the people responsible for the disabilities of their child.

Medical experts are not always able of determining the root of birth defects, however the majority of them can be caused by environmental or chemical exposure. This can include parental contact with toxic chemicals at the workplace, for example solvents and glycol ethers used in semiconductor manufacturing, as well as chemical pesticides used in agriculture and crop spraying.

Additionally, the manufacturers and those who prescribe prescription medications have a responsibility to warn patients of the risks. Yet, a large percentage of these drugs are sold off-label to women who are pregnant age without warnings regarding the risk of birth defects. This is particularly true for antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect law firm defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects result from exposure to toxic chemicals in the home by parents like those employed in semiconductor manufacturing or agricultural. He graduated from the American University in Washington, D.C., and Suffolk University Law School.