Birth Defect Litigation

Some injuries are out of the parents' control. When these injuries require special treatment and costly procedures, it could 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 cover the cost of future expenses. However, the law has strict deadlines on when a claim must be filed.

Statute of Limitations

Modern medical technology and advancements in medical science have made it possible to reduce the risks related to pregnancy, childbirth and birth. Birth defects and injuries persist. Families need to explore their legal options if they can be prevented.

Many birth defect suits are based on allegations that medical malpractice occurred. These cases may involve mistakes made by doctors or nurses at any time during the labor and delivery processes. Medical professionals may also be negligent following the birth of a child if they fail provide proper treatment.

In general the statute of limitations for these cases is 2.5 years after the date of the medical mistake. This time frame can be extended to infants. It is important to consult an attorney immediately to ensure that all the evidence is collected and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of a baby for birth defects resulting from improper toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defects lawyers can investigate these claims and prosecute them on behalf of the family.

When choosing an attorney for 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 problems. Some of them may even be fatal. Some of these issues may be caused by genetics while others are caused by exposure to environmental factors or prescription drugs taken during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defects through their actions or inaction. The majority of these cases are based on medical negligence during delivery or labor. They may also involve any act of failure to do something that is below the standard of medical care, for example failing to recognize an illness or prescribing incorrect medication during pregnancy.

One example of this type of case involves a medication known as teratogens, which could cause savannah birth defect lawyer defects that are serious. Doctors typically 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 must file an action.

It is important to select an attorney who has handled these types of cases. It is best to choose a firm that has experience in this field and operates on contingency basis, which means you don't have to pay any fees until you win. Find an attorney who has great negotiation and communication skills. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to ensure that their products are tested properly and inform the public about the potential dangers. Unfortunately, some pharmaceutical companies fail to keep up with the latest research or anticipate potential side consequences. Moreover, doctors may prescribe dangerous drugs to their patients and women may not get proper information about the risks associated with taking certain drugs during pregnancy. These medications, also known as teratogens, may cause birth defects, including spina-bifida, in the fetus.

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

It is important to collect as all evidence you can prior to making a claim against the party responsible. Included in this are any ultrasound images or blood tests, as well as medical bills that are incurred as a result. This information assists attorneys determine the value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. It's also the time when medical professionals can make mistakes that lead to birth defects. A reputable attorney can assist parents in submitting an action and obtaining the money they deserve from those who are responsible for the impairment of their child.

Although the causes of birth defects are generally not understood by medical professionals however, many of them can be attributed with exposure to chemicals or the environment. This can include parental contact with toxic chemicals at the workplace, for example solvents and glycol ethers used in semiconductor manufacturing and agricultural chemicals for pesticides and spraying of crops.

Additionally, the manufacturers and those who prescribe prescription medicines must inform patients of the risks. However, a significant portion of these drugs are marketed off-label for women of childbearing age without proper warnings about the potential for Bernardsville birth defect lawyer defects. This is particularly true for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects result from parental exposure to toxic chemical such as those employed in semiconductor manufacturing or agricultural. He graduated from the American University in Washington, D.C. and Suffolk University Law School.