Birth Defect Litigation

Parents want perfect children however, there are some injuries that occur outside their control. Families are left with a huge bill when injuries require expensive procedures and special treatment.

A New York birth defect lawyer can help stunned parents file claims and receive compensation to cover the cost of future expenses. The law has strict time limits on when a claim can be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks associated with pregnancy and childbirth. However, birth defects and injuries do occur. Families must consider their legal options when they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any point in the keyport birth defect lawsuit, labor and delivery processes. In addition medical professionals can be guilty of medical malpractice after a child's birth by failing to provide proper treatment.

Generally, the statute of limitations in these cases is 2.5 years from the date of the incident of medical negligence. For infants, the time period can be extended. However, it is important to seek legal advice as soon as possible to ensure that all evidence is collected and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant for birth defects that result from wrongful toxic and chemical exposures that take place during the mother's pregnancy. Specially trained anaheim birth defect law firm defect lawyers can investigate and pursue these claims on behalf of the family.

When choosing an attorney to represent them in a birth defect or birth injury lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can lead to an array of mental or physical ailments. Some birth defects can cause death. Some of these issues could be caused by genetics while others are triggered by exposure to the environment or prescription medications taken during pregnancy.

A doctor or medical professional could be accused of misconduct in the event of causing a birth defect through their actions or inaction. These cases usually involve medical negligence during the birth or labor birth process. However, they can also be a result of any action or failure to act in excess of a medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One example of case is a medication called teratogens. This medication can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug, then she should file a claim.

It is essential to select an attorney who has handled these kinds of cases. It is best to choose a firm with experience in this field and is based on contingency, meaning that you won't have to pay nothing until you win. Look for an attorney who has great negotiation and communication skills. This will help ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, that require costly medical treatment and accommodations for the child. The majority of these problems are genetically inherited, but some of them are caused by chemical or environmental exposure or medication that the mother took while pregnant.

Drug manufacturers have an obligation to ensure that their products are tested properly and inform consumers of any risks. Unfortunately certain pharmaceutical companies are not keeping up with the latest research or fail to anticipate possible side effects. In addition, doctors can prescribe dangerous drugs to their patients as well as some women do not have adequate information about the risks of taking certain drugs during pregnancy. These medications are referred to as teratogens. They can cause birth defects in the fetus, including spina Bifida.

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

If you are filing lawsuits against the people responsible for your child's condition It is crucial to gather as much evidence as you can. This includes any ultrasound images, blood tests and medical bills that came up because of the birth defect. This will help the attorney determine the financial value of the case.

Product Liability

Pregnancy can be one of the most exciting, but anxious experiences of a woman's lifetime. It's also a time where medical professionals often make mistakes that can lead to birth defects. A reputable attorney can assist parents in filing an appeal and gaining the money they deserve from those responsible for the handicap of their child.

While the causes of birth defects are typically not understood by medical professionals but a large proportion of birth defects can be linked to environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.

The manufacturers and the people who prescribe medicines are also obliged to warn the public about the risks. Yet, a substantial portion of these drugs are marketed off-label to women of childbearing age, without warnings about the risk of birth defects. This is especially applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases involving the occurrence of birth defects due to exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.