Birth Defect Litigation

Some injuries are out of the parents of their control. Families are left with huge debts when these injuries require expensive procedures and special attention.

A New York birth defect attorney can help parents who are grieving and file an appeal to be compensated for 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 associated with pregnancy and childbirth. Birth defects and injuries do persist. If they're preventable families must explore their legal options.

Many birth defect lawsuits are based on accusations of medical malpractice. These cases may involve mistakes made by nurses or doctors at any time during birth, labor and delivery processes. In addition medical professionals can be guilty of medical malpractice after a child's birth by failing to provide proper treatment.

In general, the statutes of limitations for these cases is 2.5 years after the date of the medical mistake. The time frame can be extended for infants. It is nevertheless important to seek legal counsel immediately to ensure that all evidence is gathered and that a timely claim be filed.

A lawsuit can be filed on behalf of a baby for birth defects caused by chemical and toxic exposures during pregnancy. Specially trained doylestown birth defect lawyer defect lawyers can investigate and prosecute these claims on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit parents should be looking for the following characteristics:

Medical Malpractice

Birth defects can cause a variety of mental and physical ailments. Some of them may even be fatal. Some of these issues are caused by genetics, while others are caused by exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional may be accused of negligence in the event of causing birth defects due to their actions or inaction. These cases typically involve medical negligence during the birth or labor process. However, they can comprise any act or failure to act that is in violation of a medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example is involving teratogens. These medications can lead to serious birth defects. When pregnant, doctors usually advise women to not take this medication, which is commonly used in the treatment of seizures. If the woman is exposed to the drug, it is recommended that she make an action.

It is important to choose an attorney who is experienced in handling these kinds of cases. Choose a law firm that is experienced in this area and works on an hourly basis, which means you won't have to pay a dime unless you succeed. Look for an attorney with great negotiation and communication skills. This will help to ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to test their products thoroughly and warn consumers about any potential risks. Sadly certain pharmaceutical companies fail to keep up with the latest research or anticipate potential side effects. Some doctors prescribe dangerous drugs to their patients and some women are not aware of the dangers associated with taking certain medications while pregnant. These are known as teratogens, and they could cause Tooele Birth Defect Law Firm defects in the fetus, including spina bifida.

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

It is essential to gather as the evidence you can prior to filing a lawsuit against the parties responsible. Included in this are ultrasound images or blood tests, as well as medical bills incurred as a result. This helps the attorney establish the financial worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. It's also a time when medical professionals are prone to making mistakes that lead to 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.

While the causes of birth defects are generally unknown to medical professionals however, many of them are linked with exposure to chemicals or the environment. This can include parental exposure to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in spraying crops and pesticides.

The manufacturers and the people who prescribe medications also have a duty to warn the public about their risks. Yet, a large percentage of these drugs are offered off-label to women who are pregnant age, without warnings about the possibility of birth defects. This is especially true for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in tecumseh birth defect lawyer defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases involving the occurrence birth defects caused by parental exposure to toxic chemicals such as those in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C., and Suffolk University Law School.