Birth Defect Litigation

Certain injuries are beyond the parents or their control. If injuries that result from these accidents require special medical attention and expensive procedures, it can leave families with huge expenses.

A New York birth defect lawyer can help stunned parents file an appeal and obtain compensation to cover the cost of future expenses. However, the law imposes strict deadlines for the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advancements have helped reduce the risks of childbirth and pregnancy. Birth defects and injuries continue to occur. Families need to explore their legal options when they can be prevented.

Many birth defect lawsuits are founded on claims of medical malpractice. These cases could involve mistakes made by nurses or doctors at any point in the labor and birth procedures. Additionally medical professionals can be guilty of medical malpractice after a child's birth in the event that they fail to provide proper treatment.

In general, birth defect lawyer the statutes of limitation for these cases is 2.5 years from the date of the medical malpractice. The time limit may be extended for infants. It is nevertheless important to seek legal counsel as soon as you can to ensure that all evidence is gathered and that a timely claim can be filed.

A lawsuit may be filed on behalf of a child for birth defects that are caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

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

Medical Malpractice

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

A doctor or medical professional could be accused of malpractice when they cause birth defects by their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they could also comprise any act or failure to act in excess of the medical standard of care, for instance, failing to diagnose a condition 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 not take this medication, which is utilized to treat seizures. If an individual is exposed to the drug then she must make a claim.

It is important that you choose an attorney with prior experience in these types of cases. Find a law firm that has a specialization in this area, and works on a contingency basis, so there is no cost unless you succeed. Also, you should look for an attorney who has strong communication and negotiation skills. This will ensure that you make your claim in time before the statute of limitations expires.

Prescription Drugs

Many birth defects cause physical or mental 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 the use of medications by the mother during pregnancy.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and warn consumers about any risks. Unfortunately some pharmaceutical companies fail to keep up with the latest research or fail to anticipate possible adverse effects. Some doctors recommend dangerous drugs to their patients, and some women aren't aware of the risks of using certain drugs during pregnancy. These are known as teratogens and can cause birth defects in the fetus. This includes spina Bifida.

Other substances that may cause birth defects are chemicals employed in the production and agricultural industries and heavy metals, like mercury, which are contaminating the air or groundwater. Diane Paolicelli's legal career has been focused on combating powerful corporations that expose women to toxic chemicals and substances that may damage their reproductive health or cause birth defects.

It is crucial to collect as all evidence you can prior to making a claim against the parties responsible. Included in this are any ultrasound images and blood tests as well as medical bills incurred as a result. This information will help attorneys determine the worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful times in a woman's life. It's also a time where many medical professionals make mistakes that can lead to birth defects. A top lawyer can help parents file a claim against those responsible for their child's condition and obtain the amount of compensation they deserve.

Although the causes of birth defects are usually unknown to medical professionals, a significant number can be linked to exposure to chemicals or environmental causes. This could be due to contact by parents with toxic chemicals at the workplace, like glycolethers and solvents utilized in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as spraying of crops.

The manufacturers and the people who prescribe medications are also required to warn people about the dangers. A majority of these drugs are offered to women who are pregnant without warnings about the risk of birth defects. This is particularly applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect law firms defects lawsuits against chemical and pharmaceutical companies. His practice is centered around cases involving the occurrence birth defects resulting from exposure of parents to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.