Birth Defect Litigation

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

A New York birth defect lawyer can assist parents who are shocked to file an action and receive compensation to cover future costs. However, the law places strict time limitations on when a claim should be filed.

Statute of Limitations

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

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes made by doctors or nurses at any time during the pregnancy, labor and delivery procedures. Medical professionals may also be negligent following the birth defect attorney of a baby 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 period can be extended. It is nevertheless important to seek legal counsel early enough to ensure that all evidence is gathered and that a timely claim be filed.

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

Parents should think about the following aspects when choosing an attorney to represent them in a lawsuit for birth defects or injuries:

Medical Malpractice

Birth defects can cause a wide range of mental or physical issues. Some birth defects can be fatal. Some of these issues may be genetic, while others are caused through exposure to the environment or prescription drugs used during pregnancy.

A medical professional or doctor could be accused of misconduct in the event of causing a birth defect through their actions or inaction. The majority of these cases are based on medical negligence in labor or delivery. They also encompass any perform a task that is not within the standard of medical care, for example not diagnosing an illness or prescribing the wrong medication during pregnancy.

One example of this type of case involves a medication called teratogens, which can cause serious birth defects. When pregnant, doctors usually recommend women not to take this medication, which is utilized in the treatment of seizures. If a woman who is pregnant is exposed to this drug, she should make a claim.

It is vital to select an attorney who has experience in these types of cases. Find a law firm that specializes in this field and operates on an on a contingency basis, meaning you won't have to pay a dime unless you get the case won. Also, look for an attorney with excellent negotiation and communication skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require costly medical treatment and accommodations for the child. These problems are usually genetic, but they may also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.

Drug manufacturers have an obligation to thoroughly test their products and warn consumers of any potential risks. Sadly, some pharmaceutical companies fail to keep up with research or anticipate possible side consequences. Moreover, doctors may prescribe dangerous medicines to their patients, and some women do not have adequate information about the dangers of taking certain medications during pregnancy. These drugs are known as teratogens, and they can cause birth defects in the fetus including spina bifida.

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

It is important to collect as all evidence you can before making a claim against the responsible parties. This includes blood tests, ultrasound images and medical bills incurred as a result of the birth defect. This will help the attorney determine the monetary value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful experiences a woman can go through in her life. However, it's also a time where many medical professionals make mistakes that could cause birth defects. A top attorney can help parents file a claim against those accountable for their child's handicap and acquire the amount of compensation they deserve.

While the causes of birth defects are often not understood by medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental factors. This can include parental contact with toxic chemicals in the workplace, like glycolethers and solvents utilized in semiconductor manufacturing and agricultural chemicals for pesticides and crop spraying.

Furthermore, manufacturers and those who prescribe prescription medicines must inform consumers of the dangers. However, a significant portion of these medications are sold off-label to women who are pregnant age without proper warnings about the risk of birth defect law firms defects. This is particularly the case with antidepressants such as 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 birth defects due to parental exposure to toxic chemicals, which includes the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.