Birth Defect Litigation

Some injuries are beyond the parents or their control. If these injuries require special treatment and costly procedures, it can cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents in filing an appeal and obtain compensation to cover the cost of future expenses. However, the law puts strict deadlines when a claim must be filed.

Statute of limitations

Modern medical technology and advances have aided in reducing the risks related to pregnancy, childbirth and birth. Birth defects and injuries still occur. If they can be prevented, families should consider their legal options.

Many birth defect lawsuits are stemming from allegations of medical malpractice that occurred. These lawsuits can be based on mistakes made by doctors or nurses at any point in the labor and birth procedures. Medical professionals can also be guilty of malpractice following the birth of a baby by failing to provide the correct treatment.

In general the statute of limitation for these cases is 2.5 years from the date of the medical negligence. The time limit can be extended for infants. It is nevertheless important to seek legal counsel early enough to ensure that all evidence is gathered and that a timely claim can be filed.

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

When choosing an attorney for a birth defect litigation injury or defect lawsuit parents should look for the following characteristics:

Medical Malpractice

Birth defects can lead to a variety of mental and physical ailments. Some birth defects may be fatal. Some of these issues are inherited, while others are due to exposure to environmental factors or the usage of prescription medications during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects due to their actions or inaction. These cases typically involve medical negligence during 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 such type of situation involves a drug called teratogens. This medication can cause birth defects that are serious. When pregnant, doctors usually advise women to stay clear of this medication, which is commonly used to treat seizures. If a pregnant woman is exposed to this medication, she must file a claim.

It is important to choose an attorney who has experience in handling these types of cases. Find a law firm that is experienced in this area, and works on a contingency basis, so there is no cost unless you get the case won. Additionally, you should choose a lawyer who has excellent negotiation and communication skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities, that require costly medical treatment and accommodations for the child. Often, these conditions are genetic, but some can be caused by environmental or chemical exposure, or by medications the mother took during pregnancy.

Drug makers are required to thoroughly test their products and warn consumers about any potential risks. Unfortunately, some pharmaceutical companies fail to keep up-to-date with the latest research or fail to anticipate potential adverse effects. In addition, doctors can prescribe dangerous medications to their patients, and some women do not receive adequate information on the dangers of taking certain drugs during pregnancy. These drugs are known as teratogens and could cause birth defects in the fetus, such as spina bifida.

Other substances that could cause birth defects are chemicals used in manufacturing and agriculture, as well as heavy metals such as mercury that are contaminating groundwater or air. Diane Paolicelli's legal profession has been focused on fighting powerful corporations that expose women to harmful chemicals and substances that could damage their reproductive health or lead to birth defects.

It is important to collect as much evidence as you can before filing a suit against the parties responsible. Included in this are ultrasound images or blood tests, as well as medical bills incurred due to. This information assists the attorney determine the worth of the case.

Product Liability

Pregnancy is among the most exciting, but anxious experiences of the life of a woman. But it's also a period where many medical professionals make mistakes that could lead to birth defects. A top lawyer can help parents bring a lawsuit against those who are responsible for their child's disabilities and receive the compensation they deserve.

While the causes of birth defects are generally unknown to medical professionals however, a significant proportion are linked to exposure to chemicals or environmental causes. This could be due to contact by 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 crop spraying.

In addition, Birth Defect Litigation the manufacturer and those who prescribe prescription medications must inform people about the risks. Yet, a substantial portion of these drugs are offered off-label to women of childbearing age, without warnings about the possibility of birth defect case 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 legal defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases where birth defects result from exposure of parents to toxic chemicals, such as those used in the manufacture of semiconductors or in agriculture. He is a graduate of American University in Washington, Birth Defect Litigation D.C. and Suffolk University Law School.