Birth Defect Litigation

Parents want their children to be perfect However, some accidents happen outside their control. When injuries require specialized medical attention and expensive procedures, it could cause families to incur huge costs.

A New York birth defect lawsuit defect lawyer can help stunned parents file claims and receive compensation to cover future costs. The law has strict deadlines on when claims can 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 need to consider their legal options if they are preventable.

Many birth defect lawsuits are made on the basis of allegations that medical malpractice occurred. These lawsuits can result from mistakes made by doctors or nursing personnel at any stage of pregnancy, labor and birth. In addition medical professionals could be guilty of medical malpractice after the birth of a child, when they fail to provide the proper treatment.

Generally, the time limit for these cases is 2.5 years from the date of the occurrence of medical malpractice. The time frame is extended for infants. However, it is important to seek legal counsel as soon as possible to ensure that all evidence is obtained and that a timely claim be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of an infant for birth defects resulting from improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

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

Medical Malpractice

Birth defects can result in an array of mental or physical problems. Some birth defects can cause death. Some of these issues are inherited, while others are due to exposure to environmental factors or the usage of prescription drugs during pregnancy.

A doctor or medical professional may be accused of negligence when they cause birth defects through their actions or inaction. These cases typically are due to medical negligence during delivery or labor. They can also include any act which falls below a standard of medical treatment, for instance, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One such type of case involves a medication known as teratogens, which could cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug then she should file an insurance claim.

It is crucial to choose an attorney who has expertise in these kinds of cases. You should seek out an attorney who has experience in this field and operates on contingency basis, which means you don't have to pay nothing until you win. Also, you should look for an attorney with excellent communication and negotiation skills. This will help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

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

Drug makers are required to adequately test their products and warn consumers about any potential risks. Unfortunately many pharmaceutical companies fail to keep up with research or foresee potential side consequences. Some doctors recommend dangerous drugs to their patients. Moreover, some women are not informed about the risks associated with taking certain medications during pregnancy. These drugs are known 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 manufacturing and agricultural industries, and heavy metals like mercury, which pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and other substances that harm their reproductive health and cause birth defects.

It is essential to gather as all evidence you can prior to filing a lawsuit against the parties responsible. This includes ultrasound scans, blood tests and medical bills that arose as a result of the birth defect. This allows the attorney to determine the financial worth of the case.

Product Liability

Pregnancy is among the most exciting, and anxious experiences of women's lives. But it's also a period when medical professionals can make mistakes that could cause birth defects. A top lawyer can assist parents in filing an appeal and gaining the compensation they deserve against those responsible for the handicap of their child.

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

In addition, the manufacturer and the people who prescribe prescription medications have a responsibility to inform people of their risks. However, a significant portion of these drugs are offered off-label to women of childbearing age without warnings regarding the potential for birth defects. This is particularly 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 concentrates his practice on cases that involve the occurrence of birth defects due to exposure of parents to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C. as well as Suffolk University Law School.