Birth Defect Litigation

Certain injuries are beyond the parents of their control. If these injuries require special care and costly procedures, it could cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents in filing an action and receive compensation to cover the cost of future expenses. However, the law imposes strict time limitations on the time a claim has to be filed.

Statute of Limitations

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

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any time during the birth, labor and delivery processes. Medical professionals can also be guilty of malpractice following the birth of a baby in the event that they fail to provide appropriate treatment.

In general, the statutes of limitation for these cases is 2.5 years after the date of the medical malpractice. The time frame can be extended to infants. It is essential to talk with a lawyer whenever you can to ensure that all evidence is collected and that a timely complaint can be filed.

A lawsuit may be filed on behalf of a child in relation to birth defects caused by chemical and toxic exposures during the pregnancy. Specially trained Birth defect Lawsuit defect lawyers can investigate these claims and prosecute them on behalf of the family.

Parents should think about the following qualities when selecting an attorney to represent their interests in a lawsuit filed for birth defect or injury:

Medical Malpractice

Birth defects can lead to numerous physical or mental problems. Some of them could be fatal. Some of these issues may be caused by genetics while others are triggered by environmental exposures or prescription medications taken during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defects due to their actions or inaction. These cases typically involve medical negligence during labor or delivery. However, they could also include any act or inability to act that is in violation of the medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One example of this type of situation involves a drug known as teratogens, which could cause serious birth defects. When pregnant, doctors usually recommend women not to take this medication, which is used to treat seizures. If a pregnant woman is exposed to this drug, she should submit an insurance claim.

It is crucial to choose an attorney with prior experience in these types of cases. Find a firm that has a specialization in this field and operates on an hourly basis, which means there is no cost unless you are successful. Choose an attorney with outstanding negotiation and communication skills. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to test their products properly and inform the public of any potential dangers. Sadly some pharmaceutical companies do not keep up with the latest research or anticipate possible side consequences. In addition, doctors can prescribe dangerous drugs to patients and women may not receive adequate information on the risks associated with taking certain medications during pregnancy. These medications are referred to as teratogens. They can cause miles city birth defect law firm 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 that can contaminate groundwater or air. Diane Paolicelli's career in law has been dedicated to fighting powerful corporations who expose women to toxic chemicals and substances that could damage their reproductive health or lead to birth defects.

It is important to collect as the evidence you can before filing a suit against the party responsible. This includes ultrasound images, Birth defect lawsuit blood tests, and medical bills that arise because of the birth defect. This information can help the attorney assess the worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful events in a woman's lifetime. It's also a time where medical professionals often make mistakes that could cause birth defects. An experienced attorney can help parents in filing an action and obtaining the amount they deserve from those responsible for the disability of their child.

Medical professionals aren't always able of determining the exact cause of birth defects, however most of them can be due to environmental or chemical exposure. This may include contact by parents with toxic chemicals at the workplace, such as solvents and glycol ethers used in semiconductor manufacturing and agricultural chemicals for pesticides and crop spraying.

Manufacturers and those who prescribe medications are also required to inform the public about their risks. However, a lot of these drugs are sold off-label to women of childbearing age without adequate warnings about the possibility of birth defects. 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. He concentrates his practice on cases where birth defects are caused by parental exposure to toxic chemical such as those used in the manufacture of semiconductors or in agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.