Birth Defect Litigation

Some injuries are out of the parents in their control. When injuries require specialized medical attention and expensive procedures, it can cause families to incur huge costs.

A New York birth defect attorney can assist parents who are in shock to file claims to obtain compensation for future expenses. However, the law places strict time limitations on the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks that come with childbirth and pregnancy. However birth defects and injuries still occur. If they're preventable, families should consider their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any stage of pregnancy, labor and birth. Additionally medical professionals can be guilty of medical malpractice following the birth of a child, in the event that they fail to provide the correct treatment.

In general the statute of limitation for these cases are 2.5 years from the date of the medical malpractice. For infants, this time is sometimes extended. However, it is important to seek legal advice immediately to ensure that all evidence has been collected and that a timely claim can be filed.

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

Parents should take into consideration the following factors when choosing an attorney to represent their interests in a lawsuit filed for birth defect or injury:

Medical Malpractice

clover birth defect law firm defects can cause an array of mental or physical ailments. Some of them can be fatal. Some of these issues are inherited, Vimeo whereas others are caused by exposure to environmental factors or the usage of prescription medications during pregnancy.

A medical professional or doctor could be convicted of malpractice in the event of causing birth defects through their actions or inaction. These cases typically involve medical negligence during the birth or labor process. However, they could also be a result of any action or failure to act that is in violation of a medical standard of care, like failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One of these cases involves Teratogens. These drugs can cause birth defects that are serious. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug it is recommended that she file an insurance claim.

It is vital to choose an attorney who has experience in these types of cases. Look for a law firm that is specialized in this field and operates on the basis of a contingent fee, which means you don't pay anything unless you win. Also, search for a lawyer with strong communication and negotiation skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

A lot of birth defects can cause mental or physical disabilities which require expensive medical care and accommodations for the child. These conditions are often genetic, but can also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.

Drug manufacturers are required to thoroughly test their products and warn consumers of any potential risks. Sadly, some pharmaceutical companies do not keep up with the latest research or anticipate possible side consequences. Certain doctors prescribe dangerous medications to their patients, and some women aren't aware of the risks of taking certain medications during pregnancy. These drugs, known as teratogens, can cause birth defects, including 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 contaminate air or groundwater. Diane Paolicelli's legal career has been focused on fighting powerful corporations who expose women to harmful chemicals and substances that may affect their reproductive health or lead to birth defects.

When filing lawsuits against the parties responsible for your child's condition, it is important to gather as much evidence as possible. This includes ultrasound images, blood tests, and medical bills that arose due to the birth defect. This will help the attorney determine the worth of the case.

Product Liability

Pregnancy is among the most exciting, yet stressful experiences in the life of a woman. But it's also a period when many medical professionals make mistakes that can lead to birth defects. A reputable attorney can assist parents in filing claims and getting the money they deserve from the people responsible for the disabilities of their child.

While the causes of breese birth defect lawsuit defects are often unknown to medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental causes. This can include parental contact with toxic chemicals at the workplace, like solvents and glycol ethers used in semiconductor manufacturing, and agricultural chemicals used for pesticides and spraying on crops.

The manufacturers and the people who prescribe medicines are also required to inform the public about their risks. However, a significant portion of these drugs are offered off-label to women of childbearing age, without warnings about the possibility of birth defects. This is particularly applicable to antidepressants such 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 focuses his practice on cases where birth defects result from exposure to toxic chemicals in the home by parents, such as those used in semiconductor manufacturing or farming. He graduated from American University in Washington, D.C. and Suffolk University Law School.