Birth Defect Litigation

Certain injuries are beyond the parents of their control. When injuries require specialized treatment and costly procedures, it could cause families to incur huge costs.

A New York birth defect lawyer can help stunned parents file a claim and get compensation to pay for future expenses. The law has strict time limitations on when a claim can be filed.

Statute of limitations

Modern technology and medical advances have reduced the risks associated with pregnancy, childbirth and birth. However, birth defects and injuries continue to occur. When they are preventable, families must consider their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors personnel at any stage of labor, pregnancy and birth. In addition medical professionals may be guilty of medical malpractice after the birth of a child in the event that they fail to provide proper care.

In general the statute of limitations in these cases are 2.5 years from the date of the medical malpractice. The time frame may be extended for infants. It is important to consult a lawyer whenever you can to ensure that all evidence is gathered, and that a timely complaint be filed.

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

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

Medical Malpractice

Birth defects can cause various mental and physical ailments. Some of them could be fatal. Some of these issues may be caused by genetics while others are triggered by exposure to environmental factors or prescription medications used during pregnancy.

A medical professional or doctor may be accused of negligence in the event of causing a birth defect through their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they may also include any act or failure to act that falls short of a medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One of these cases involves teratogens. These medications can lead to birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug then she must submit a claim.

It is crucial to select an attorney who has handled these kinds of cases. Look for a law firm that is specialized in this area and works on a contingency basis, firm so you don't pay anything unless you succeed. Look for an attorney with excellent communication and negotiation skills. This will help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require costly medical care and accommodations for the child. These conditions are often genetic, but they can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Drug makers are required to test their products properly and inform the public of any risks that could be present. Unfortunately, some pharmaceutical companies are not keeping up with the latest research or fail to anticipate potential side consequences. Certain doctors prescribe dangerous medications to their patients and some women aren't aware of the dangers associated with taking certain medications while pregnant. These drugs are referred to as teratogens, and they could cause birth defects in the fetus including spina bifida.

Other substances that can cause birth defects include chemicals employed in the production and agricultural industries in addition to heavy metals like mercury, which are contaminating the air or groundwater. Diane Paolicelli's career in law has been focused on fighting powerful corporations that expose women to toxic substances and chemicals that can cause harm to their reproductive health and firm cause westminster birth defect attorney defects.

When filing lawsuits against the parties who are responsible for your child's illness It is crucial to gather as much evidence as you can. This includes blood tests, ultrasound images, and medical bills that came up as a result of the birth defect. This will help the attorney determine the monetary worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful times in a woman's life. It's also the time when many medical professionals can make mistakes that cause birth defects. A top lawyer can assist parents in filing an action and obtaining the money they deserve from those who are responsible for the impairment of their child.

Medical experts are not always able determine the specific cause of birth defects, but most of them can be caused by environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in spraying for crops and pesticides.

In addition, the manufacturer and those who prescribe prescription medications have a responsibility to warn people of their risks. Yet, a substantial portion of these drugs are sold off-label for women of childbearing age without proper warnings about the potential for birth defects. This is particularly the case with 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 concentrates his practice on cases where birth defects result from exposure to toxic chemicals by parents such as those used in semiconductor manufacturing or agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.