Birth Defect Litigation

Some injuries are beyond the parents of their control. Families could be faced with a large bill when injuries require costly procedures and special treatment.

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

Statute of Limitations

Modern medical technology and advances have reduced the risks associated with childbirth, pregnancy and birth. Birth defects and injuries still occur. Families need to explore their legal options if they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any point in the labor and delivery processes. Medical professionals can also be negligent following the birth of a child if they fail provide proper treatment.

Generally, the time-limit for these cases is 2.5 years from the date of the act of medical malpractice. For infants, this time can be extended. But, it is crucial to seek legal counsel immediately to ensure that all evidence is collected and that a timely claim can be filed.

A lawsuit can be filed on behalf of a child to claim birth defects that are caused by chemical and toxic exposures during the pregnancy. Lawyers specially trained in birth defect law firm defects can investigate and pursue these claims on behalf of the family.

Parents should consider the following aspects when choosing an attorney to represent them in a lawsuit involving birth defect or injury:

Medical Malpractice

Birth defects can lead to an array of mental or physical issues. Certain birth defects can be fatal. Some of these issues could be caused by genetics, while others are caused by environmental exposures or prescription medications used during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects due to their actions or inaction. The most common cases involve medical negligence during the birth or labor process. They can also include any act of failure to act which falls below a standard of medical care, for example, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One instance of case is a medication known as teratogens, which could cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug, it is recommended that she file an insurance claim.

It is important that you 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 a contingency basis, so you don't have to pay any fees unless you are successful. Find an attorney who has great negotiation and communication skills. This will ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. Most often, these disorders are genetic, but some of them may be caused by environmental or chemical exposure, or the medications the mother was taking during pregnancy.

Drug manufacturers are required to adequately test their products and inform consumers of any potential risks. Unfortunately, some pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate potential side consequences. Furthermore, doctors may prescribe dangerous medications to their patients, and some women do not have adequate information about the dangers of taking certain medications during pregnancy. These drugs are referred to as teratogens, and they can cause birth defects within the fetus. This includes spina bifida.

Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural industries, and birth defect attorney heavy metals like mercury that contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and substances that cause harm to their reproductive health and cause birth defects.

If you decide to file lawsuits against the parties who are responsible for your child's illness It is crucial to gather the most evidence you can. This includes ultrasound scans, blood tests and medical bills that arise because of the birth defect. This allows the attorney to determine the monetary value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking events in a woman's lifetime. However, it's also a time where many medical professionals make mistakes that can lead to birth defects. A top attorney can assist parents in submitting a claim and obtaining the money they deserve from those who are responsible for the impairment of their child.

Medical experts aren't always able determine the exact cause of birth defects, however many of them can be due to environmental or chemical exposure. This could include contact from parents with toxic chemicals in the workplace, such as glycolethers and solvents utilized in semiconductor manufacturing and agricultural chemicals used for pesticides as well as spraying of crops.

Additionally, the manufacturers and the people who prescribe prescription medications have a responsibility to inform people about the risks. A significant portion of these drugs are marketed to women who are pregnant without warnings about the risk of birth defect. This is especially applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects result from exposure to toxic chemicals by parents such as those that are used in the manufacture of semiconductors or in agriculture. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.