Birth Defect Litigation

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

A New York birth defect attorney can assist parents shocked to file claims to obtain compensation for future expenses. However, the law puts strict deadlines for when a claim should be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks associated with pregnancy and childbirth. Birth defects and injuries do remain a possibility. When they are preventable, families should consider their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can result from mistakes made by nurses or doctors staff at any point during labor, birth and birth defect lawsuit pregnancy. In addition medical professionals can be guilty of medical malpractice after the birth of a baby in the event that they fail to provide proper care.

In general the statute of limitation for these cases is 2.5 years after the date of the medical malpractice. For infants, this is sometimes extended. It is crucial to consult an attorney whenever you can to ensure that all the evidence is gathered, and that a timely complaint can be filed.

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

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

Medical Malpractice

Birth defects can cause a variety of mental and physical ailments. Some birth defect law firm defects can cause death. Some of these problems may be genetic and others may be caused by environmental exposures or prescription drugs taken during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause a birth defect through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. However, they could also include any act or failure to act in excess of the medical standard of care, like not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One such case involves the teratogens. These drugs can result in birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must make an insurance claim.

It is crucial to select an attorney who has handled these kinds of cases. Find a firm that is specialized in this area, and works on an hourly basis, which means there is no cost unless you win. Look for an attorney who has excellent communication and negotiation skills. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects cause physical or mental disabilities, which require expensive medical care and accommodations for the child. These issues are often genetic, but can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.

Pharmaceutical companies are required to ensure that their products are tested properly and inform the public of any potential dangers. Sadly some pharmaceutical companies do not keep up with the latest research or anticipate the potential adverse consequences. Furthermore, doctors may prescribe dangerous medications to their patients and women may not receive the correct information regarding the dangers of taking certain drugs during pregnancy. These drugs, also known as teratogens may cause birth defects, like spina-bifida, in the fetus.

Other substances that can cause birth defects are chemicals that are used in manufacturing and agriculture and heavy metals like mercury, which are contaminating the groundwater or the air. Diane Paolicelli's legal career has been dedicated to combating powerful corporations that expose women to toxic chemicals and substances that may cause harm to their reproductive health and lead to birth defects.

When filing a lawsuit against the parties who are responsible for your child's illness It is crucial to gather the most evidence you can. This includes ultrasound images, blood tests and medical bills that came up as a result of the birth defect. This will help the attorney determine the financial worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking events in a woman's lifetime. It's also the time when many medical professionals can make mistakes that can lead to birth defects. A top attorney can help parents file a claim against those accountable for their child's handicap and obtain the justice they deserve.

While the causes of Birth defect lawsuit defects are generally unknown to medical experts, a significant number are linked with exposure to chemicals or the environment. This can include parental exposure to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.

The pharmaceutical companies and those who prescribe medication are also obliged to inform the public about the dangers of their products. A large portion of these medications are sold to women who are pregnant, without warnings of the possibility of birth defect. This is especially relevant for antidepressants like Prozac and Zoloft.

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