Birth Defect Litigation

Parents want perfect children However, some accidents happen outside their control. Families can be left with huge bills when these injuries require expensive procedures and specialized care.

A New York birth defect lawyer can assist parents who are shocked to file a claim and get compensation to cover future expenses. However, the law imposes strict deadlines when a claim should be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks associated with pregnancy and childbirth. Birth defects and injuries do still occur. Families need to explore their legal options if they can be prevented.

Many birth defect lawsuits are made on the basis of allegations that medical malpractice occurred. These cases can involve mistakes committed by nurses or doctors personnel at any stage of the birth process, including labor and pregnancy. Medical professionals can also commit malpractice after 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 incident of medical malpractice. The time limit can be extended to infants. But, it is crucial to seek legal advice as soon as possible to ensure that all evidence is collected and that a timely claim can be filed.

In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defects caused by improper toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

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

Medical Malpractice

Birth defects can lead to various mental and physical ailments. Some of them may even be fatal. Some of these issues may be genetic while others are caused by exposure to the environment or prescription medications taken during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects by their actions or inaction. The most common cases involve medical negligence during labor or delivery. They can also include any act of failure to do something that is below the standard of medical care, like failing to recognize an illness or prescribing the wrong medication during pregnancy.

One such case involves the teratogens. These medications can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug, it is recommended that she make an insurance claim.

It is crucial to select an attorney with experience handling these types of cases. Find a firm that is specialized in this area and works on a contingency basis, so you don't have to pay any fees unless you win. Look for an attorney with excellent communication and negotiation skills. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

A lot of birth defects can cause mental or physical disabilities, that require expensive medical treatment and accommodations for the child. These conditions are often genetic, but they may also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.

Pharmaceutical companies are required to test their products properly and inform the public about the potential dangers. Unfortunately some pharmaceutical companies fail to keep up-to-date with the latest research or fail to anticipate potential adverse effects. Certain doctors prescribe dangerous medications to their patients and some women are not aware of the risks associated with using certain drugs during pregnancy. These drugs are referred to as teratogens, and they can cause birth defects within the fetus. This includes spina Bifida.

Other substances that could cause birth defect lawyers defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury, which contaminate air or groundwater. Diane Paolicelli's career in law has been focused on combating powerful corporations that expose women to harmful substances and chemicals that can affect their reproductive health or cause birth defects.

It is crucial to collect as the evidence you can before filing a suit against the party responsible. Included in this are any ultrasound images and blood tests as well as medical bills that are incurred due to. This information helps the attorney to determine the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful moments in a woman's life. It's also a time when medical professionals make mistakes that result in birth defects. A reputable attorney can assist parents in filing an action and obtaining the compensation they deserve against those responsible for the handicap of their child.

Although the causes of birth defects are generally unknown to medical experts, a significant number are linked to exposure to chemicals or environmental factors. This could include exposure of parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in spraying crops and pesticides.

In addition, manufacturers and those who prescribe prescription medications are required to inform patients of the risks. A majority of these drugs are marketed to women who are pregnant without warnings about the risk of birth defect. This is particularly true for antidepressants such as 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 concentrates his practice on cases where birth defects result from exposure of parents to toxic chemicals such as those that are employed in semiconductor manufacturing or agricultural. He graduated from American University in Washington, D.C. and Suffolk University Law School.