Birth Defect Litigation

Parents want their children to be perfect, but some injuries happen outside their control. If injuries that result from these accidents require special care and costly procedures, it could result in huge costs for families.

A New York birth defect attorney can help parents shocked to file a claim to get compensation for future expenses. The law has strict time limits for when claims 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 still occur. Families need to explore their legal options when they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes made by doctors or nurses at any point during the labor and delivery procedures. Medical professionals can also be negligent after the birth of a baby in the event that they fail to provide appropriate treatment.

In general, the statutes of limitations in these cases are 2.5 years from the date of the medical negligence. For infants this period can be extended. However, it is essential to seek legal advice as soon as possible to ensure that all evidence is obtained and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for Vimeo birth defects resulting from improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can examine these claims and prosecute them on behalf of the family.

When selecting an attorney for a birth injury or defect lawsuit parents should be looking for the following characteristics:

Medical Malpractice

Birth defects can cause various mental and physical ailments. Some of them may even be fatal. Some of these problems are inherited, while others are caused by exposure to environmental factors or the usage of prescription drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice in the event of causing birth defects due to their actions or inaction. Most cases involve medical negligence during labor or delivery. They can also be a result of any be in compliance with a standard of medical care, for example failing to recognize an illness or prescribing the wrong medication during pregnancy.

One example is involving Teratogens. These medications can lead to serious birth defects. In the course of pregnancy, doctors generally advise women to avoid taking this medication, which is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should submit an insurance claim.

It is important that you choose an attorney who has expertise in these kinds of cases. Find a firm that is specialized in this area and operates on the basis of a contingent fee, Vimeo which means you don't pay anything unless you succeed. Also, you should look for a lawyer with strong communication and negotiation abilities. This will help ensure that you submit your claim before the time limit expires.

Prescription Drugs

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

Drug manufacturers are required to adequately test their products and inform consumers of any risks. Unfortunately, some pharmaceutical companies fail to keep up with the latest research or fail to anticipate possible side effects. Moreover, doctors may prescribe dangerous drugs to patients as well as some women do not receive adequate information on the risks of taking certain drugs during pregnancy. These drugs are known as teratogens. They may cause birth defects in the fetus, including spina Bifida.

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

It is essential to gather as the evidence you can before filing a lawsuit against the party responsible. Included in this are ultrasound images and blood tests as well as medical bills that are incurred as a result. This information can help the attorney determine the worth of the case.

Product Liability

Pregnancy is among the most exciting and anxiety-inducing experiences in the life of a woman. It's also the time that medical professionals are prone to making mistakes that lead to birth defects. A top attorney can assist parents in submitting claims and getting the compensation they deserve against the people responsible for the disabilities of their child.

Medical professionals aren't always able to pinpoint the exact cause of birth defects, but a large number can be attributable to environmental or chemical exposure. This can include exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.

Furthermore, manufacturers and those who prescribe prescription drugs have a responsibility to warn people about the risks. A majority of these drugs are offered to women who are pregnant without warnings of the potential for birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice focuses on cases involving the development of birth defect lawyer defects caused by parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He is a graduate of the American University in Washington, D.C. as well as Suffolk University Law School.