Birth Defect Litigation

Certain injuries are beyond the parents or their control. When injuries require specialized treatment and costly procedures, it can result in huge costs for families.

A New York palos hills birth defect law firm defect attorney can help parents in shock file a claim to get compensation for future expenses. The law has strict time limitations on when a claim can be filed.

Statute of Limitations

Modern technology and medical advancements have reduced the risks related to pregnancy, childbirth and birth. However birth defects and injuries can still occur. Families should consider their legal options when they can be prevented.

Many birth defect lawsuits are stemming from allegations that medical malpractice occurred. These cases can involve mistakes made by nurses or doctors staff at any point during labor, fulton birth defect attorney and pregnancy. Additionally medical professionals can be guilty of medical malpractice after the birth of a child if they fail to provide proper treatment.

Generally, the time limit for these cases is generally 2.5 years from the date of the act of medical malpractice. For infants, this time is sometimes extended. However, it is essential to seek legal counsel early enough to ensure that all evidence is gathered and that a timely claim can be filed.

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

Parents should take into consideration the following qualities when selecting an attorney to represent them in a lawsuit for birth defects or birth injuries:

Medical Malpractice

Birth defects can lead to a variety of mental and physical issues. Some of them could be fatal. Some of these issues are inherited, while others are caused by exposure to environmental factors or the usage of prescription drugs during pregnancy.

A medical professional or doctor could be accused of malpractice if they cause birth defects through their actions or inaction. These cases typically involve medical negligence during labor or delivery. They can also be a result of any act of failure to do something that is below the standard of medical care, for example the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One of these cases involves the teratogens. These medications can lead to birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should file an insurance claim.

It is important to choose an attorney who has experience in handling these kinds of cases. Choose a law firm that is experienced in this area and operates on the basis of a contingent fee, which means you don't have to pay any fees unless you win. Choose an attorney with an excellent ability to communicate and negotiate. This will ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities that require costly medical treatment and accommodations for the child. Most often, these disorders are genetic, but some of them can be caused by environmental or chemical exposure or medication that the mother took while pregnant.

Drug manufacturers are required to test their products properly and inform the public of any potential risks. Unfortunately certain pharmaceutical companies fail to keep up-to-date with the latest research or fail to anticipate possible side consequences. Moreover, doctors may prescribe dangerous medicines to their patients, and some women do not get proper information about the risks of taking certain drugs during pregnancy. These drugs, referred to as teratogens, may cause birth defects, like spina-bifida in the fetus.

Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury, which affect 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 can cause harm to their reproductive health and lead to birth defects.

It is crucial to collect as many evidences as you can before making a claim against the party responsible. This includes ultrasound images, blood tests and medical bills that came up due to the birth defect. This information assists the attorney determine the worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful events in a woman's lifetime. It's also a time where medical professionals make mistakes that cause birth defects. An experienced attorney can help parents make a claim against those responsible for their child's disability and acquire the amount of compensation they deserve.

While the causes of birth defects are usually unknown to medical professionals however, many of them can be linked to environmental or chemical exposure. This can be due to exposure by parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

Manufacturers and those who prescribe medicines also have a duty to inform the public about the dangers of their products. Yet, a substantial portion of these drugs are offered off-label to women who are pregnant age, without warnings about the risk of 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 chemical and pharmaceutical companies. His practice focuses on cases involving the development of birth defects due to exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C., and Suffolk University Law School.