Birth Defect Litigation

Certain injuries are beyond the parents of their control. Families can be left with huge bills when these injuries require costly procedures and special care.

A New York birth defect attorney can help parents shocked to 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 medical technology and advances have reduced the risks associated with childbirth, pregnancy and birth. However, birth defects and injuries still occur. Families must consider their legal options when they can be prevented.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors at any point in the labor and birth processes. Medical professionals may also be negligent after the birth of a child if they fail provide proper treatment.

In general the statute of limitation for these cases are 2.5 years after the date of the medical error. For infants, this time is sometimes extended. It is important to consult a lawyer as soon as you can to ensure that all evidence is gathered and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects caused by improper toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defects lawyers are able to investigate these claims and bring them to trial on behalf of the family.

Parents should think about the following qualities when selecting an attorney to represent them in a suit for birth defects or injuries:

Medical Malpractice

Birth defects can result in a wide range of mental or physical ailments. Some may even be fatal. Some of these issues are caused by genetics, while others are caused by exposure to environmental factors or the usage of prescription drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice in the event of causing birth defects by their actions or inaction. These cases typically are based on medical negligence during delivery or labor. However, they can include any act or inability to act that falls short of a medical standard of care, like failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One example of case is a medication called teratogens. It can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must file a claim.

It is crucial to select an attorney with experience handling these kinds of cases. You should choose an attorney with years of experience in this field and is on contingency, which means you don't pay anything until you are successful. Also, search for a lawyer who has excellent negotiation and communication skills. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

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

Drug makers are required to adequately test their products and warn consumers of any potential risks. Unfortunately, some pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate potential adverse consequences. Some doctors recommend dangerous drugs to their patients, and some women are not aware of the dangers associated with taking certain drugs while pregnant. These drugs are known as teratogens, and they can cause birth defects in the fetus, such as spina Bifida.

Other substances that can cause la Porte birth defect lawyer defects are chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury, which pollute groundwater and air. Diane Paolicelli's legal career is focused on fighting powerful corporations who expose women to harmful chemicals and substances that can damage their reproductive health or cause el dorado birth defect lawsuit defects.

When bringing an action against the parties that are accountable for your child's health, it is important to gather as much evidence as possible. This includes any ultrasound images, blood tests, and medical bills that arise as a result of the birth defect. This helps the attorney establish the value 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 many medical professionals make mistakes that can cause birth defects. A reputable attorney can assist parents in submitting claims and getting the compensation they deserve against those who are responsible for the impairment of their child.

While the causes of birth defects are usually unknown to medical professionals however, a significant proportion can be linked to environmental or chemical exposure. This can include parental exposure to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.

In addition, manufacturers and those who prescribe prescription drugs have a responsibility to inform people about the risks. A large number of these drugs is marketed to women who are pregnant without warnings of the potential for birth defects. This is especially relevant 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. His practice is centered around cases where birth defects result from exposure to toxic chemicals by parents, such as those employed in semiconductor manufacturing or farming. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.