Birth Defect Litigation

Parents want perfect children However, some accidents happen outside their control. Families are left with a huge bill when injuries require expensive procedures and special treatment.

A New York birth defect attorney can help parents who are grieving and file an action to receive compensation for future expenses. However, the law imposes strict deadlines on when a claim should be filed.

Statute of limitations

Modern medical technology and advances have reduced the risks associated with childbirth, pregnancy and birth. However birth defects and injuries do occur. If they're preventable, families should consider their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases may involve errors made by nurses or doctors personnel at any stage of labor, birth and pregnancy. Additionally, medical professionals can commit medical malpractice following the birth of a baby by failing to provide the correct treatment.

Generally speaking, the time limit for these cases is generally 2.5 years from the date of the act of medical negligence. The time frame may be extended for infants. It is crucial to consult a lawyer early enough to ensure that all evidence is gathered and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate the claims and then prosecute them on behalf of the family.

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

Medical Malpractice

Birth defects can cause an array of mental or physical ailments. Some of them could be fatal. Some of these issues could be caused by genetics while others are caused by environmental exposures or prescription medications used during pregnancy.

A medical professional or doctor could be accused of malpractice in the event of causing birth defects through their actions or inaction. These cases typically involve medical negligence during labor or delivery. However, they may also comprise any act or failure to act that is not in the range of the medical standard of care, like failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One of these cases involves Teratogens. These drugs can result in birth defect lawyer defects that are serious. In the course of pregnancy, doctors generally advise women to not take this medication, which is commonly used to treat seizures. If a pregnant woman is exposed to this medication, she must make a claim.

It is important that you select an attorney who has expertise in these kinds of cases. You should seek out an attorney with expertise in this area and works on contingency, so you won't have to pay nothing until you win. Look for an attorney with excellent communication and negotiation skills. This will help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. Often, these conditions are genetic, however some of them can be caused by chemical or environmental exposure, or medications that the mother consumed during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and inform consumers of any risks. Sadly certain pharmaceutical companies fail to keep up with the latest research or anticipate possible side effects. In addition, doctors can prescribe dangerous medicines to their patients as well as some women do not receive adequate information on the risks associated with taking certain drugs during pregnancy. These drugs are referred to as teratogens and could cause birth defects in the fetus, such as spina Bifida.

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

It is important to collect as many evidences as you can prior to making a claim against the party responsible. Included in this are any ultrasound images, blood tests, and medical bills that are incurred due to. This helps the attorney establish the monetary value of the case.

Product Liability

Pregnancy can be one of the most exciting, and anxiety-inducing experiences in a woman's lifetime. However, it's also a time where many medical professionals make mistakes that can cause birth defects. A top attorney can assist parents in submitting an action and obtaining the compensation they deserve against the people responsible for the disabilities of their child.

Medical experts aren't always able of determining the specific cause of birth defect lawsuit defects, however most of them can be attributable to environmental or chemical exposure. This may include contact by parents with toxic chemicals in the workplace, like solvents and glycol ethers used in semiconductor manufacturing and agricultural chemicals for pesticides and spraying of crops.

Additionally, the manufacturers and those who prescribe prescription medications have a responsibility to inform people about the risks. A large portion of these medications are sold to women who are pregnant without warnings about the possibility of birth defect. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases where birth defects are caused by parental exposure to toxic chemical, such as those used in semiconductor manufacturing or farming. He graduated from American University in Washington, D.C. and Suffolk University Law School.