Birth Defect Litigation

Parents want their children to be perfect However, some injuries occur outside their control. Families may be left with a large bill when injuries require costly procedures and special care.

A New York birth defect attorney can help parents grieving and file claims to obtain compensation for future expenses. The law has strict deadlines on when claims can be filed.

Statute of limitations

Modern technology and medical advancements have aided in reducing the risks that are associated with childbirth, pregnancy and birth. However, birth defects and injuries still occur. When they are preventable, families must explore their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing staff at any stage of labor, birth and birth defect attorney pregnancy. Additionally medical professionals can be guilty of medical malpractice following the birth of a baby when they fail to provide proper treatment.

Generally speaking, the time limit for these cases is generally 2.5 years from the date of the incident of medical malpractice. The time limit can be extended to infants. But, it is crucial to seek legal counsel early enough to ensure that all evidence is obtained and that a timely claim be filed.

A lawsuit may be filed on behalf of a child in relation to birth defects caused by toxic and chemical exposures during the pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

When choosing an attorney for a birth defect or birth injury lawsuit, parents should look for the following characteristics:

Medical Malpractice

birth defect lawyer defects can lead to various mental and physical ailments. Some may even be fatal. Some of these issues are caused by genetics, while others are due to exposure to environmental factors or the use of prescribed drugs during pregnancy.

A doctor or medical professional could be accused of malpractice in the event of causing birth defects due to their actions or inaction. These cases usually involve medical negligence during labor or delivery. However, they can also include any act or inability to act in excess of the medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One instance of situation is a drug called teratogens, which can cause serious birth defects. 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, then she should file an action.

It is important that you select an attorney who has experience in these types of cases. Find a firm that is experienced in this area, and works on an on a contingency basis, meaning you don't pay anything unless you get the case won. Also, search for a lawyer who has excellent communication and negotiation abilities. This will ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require expensive medical treatment and accommodations for the child. The majority of these problems are genetic, however some of them are caused by chemical or environmental exposure or medication that the mother consumed during pregnancy.

Pharmaceutical companies are required to ensure that their products are tested properly and inform the public of any risks that could be present. Unfortunately some pharmaceutical companies are not keeping up to date with the latest research or fail to anticipate possible side effects. Furthermore, doctors may prescribe dangerous medicines to their patients and women may not receive adequate information on the risks associated with taking certain drugs during pregnancy. These drugs, referred to as teratogens, may cause birth defects, including spina-bifida that can occur in the fetus.

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

If you decide to file an action against the parties that are accountable for your child's health, it is important to gather the most evidence you can. Included in this are ultrasound images and blood tests as well as medical bills that are incurred due to. This information will help the attorney assess the value of the case.

Product Liability

Pregnancy is among the most exciting, yet anxious experiences of the life of a woman. However, it's also a time where medical professionals often make mistakes that can lead to birth defects. A top attorney can help parents file a claim against those responsible for their child's condition and obtain the amount of compensation they deserve.

While the causes of birth defects are generally not understood by medical professionals however, a significant proportion can be linked with exposure to chemicals or the environment. This can include parental contact with toxic chemicals in the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.

Furthermore, manufacturers and the people who prescribe prescription medications must inform patients of the risks. Yet, a substantial portion of these drugs are sold off-label to women who are pregnant age without warnings regarding the potential for birth defects. 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 defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases that involve the occurrence of birth defects that result from parental exposure to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C. and Suffolk University Law School.