Birth Defect Litigation

Certain injuries are beyond the parents or their control. Families could be faced with huge bills when these injuries require expensive procedures and special treatment.

A New York birth defect attorney can assist parents in shock file a claim to get compensation for future expenses. However, the law places strict deadlines on when a claim should be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce risks related to pregnancy, childbirth and birth. Birth defects and injuries persist. Families need to consider their legal options when they are preventable.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases may involve errors committed by nurses or doctors staff at any time during labor, birth and pregnancy. In addition, medical professionals can commit medical malpractice after the birth of a child in the event that they fail to provide proper care.

Generally, the time limit for these cases is generally 2.5 years from when the act was committed of medical malpractice. For infants, this is sometimes extended. It is essential to speak with an attorney early enough to ensure that all evidence is gathered and that a timely complaint be filed.

A lawsuit may be filed on behalf of a child for birth defects that are caused by chemical and birth defect attorney toxic exposures during pregnancy. Lawyers specially trained in birth defects can investigate the claims and then prosecute them on behalf of the family.

Parents should be aware of the following aspects when choosing an attorney to represent them in a lawsuit for birth defect or injury:

Medical Malpractice

Birth defects can cause a variety of mental and physical problems. Some may even be fatal. Some of these issues could be genetic while others are triggered by environmental exposures or prescription medications taken during pregnancy.

A doctor or medical professional may be accused of negligence when they cause a birth defect through their actions or inaction. These cases usually involve medical negligence during labor or delivery. However, they can also include any act or failure to act that is in violation of a 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 serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug she must file an action.

It is important to choose an attorney who has handled these kinds of cases. You should look for a firm that has expertise in this area and operates on contingency basis, which means you won't be charged nothing until you win. Additionally, you should choose a lawyer who has excellent negotiation and communication abilities. This will help ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require expensive medical treatment and accommodations for the child. These disorders are usually genetic, but they may also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and inform the public about any potential dangers. Unfortunately, some pharmaceutical companies don't keep up-to-date with current research or fail to anticipate potential adverse consequences. Additionally, doctors can prescribe dangerous medications to their patients as well as some women do not receive adequate information on the risks of taking certain drugs during pregnancy. These drugs, referred to as teratogens, can cause birth defects, including spina-bifida in the fetus.

Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury that affect groundwater or the air. Diane Paolicelli's legal profession has been focused on fighting powerful corporations that expose women to toxic chemicals and substances that may affect their reproductive health or cause birth defects.

It is important to collect as much evidence as you can before making a claim against the party responsible. This includes ultrasound images, blood tests, and medical bills incurred because of the birth defect. This helps the attorney establish the value of the case.

Product Liability

Pregnancy can be one of the most exciting, but anxious experiences of women's lives. But it's also a period when medical professionals can make mistakes that can lead to festus birth defect law firm defects. A top lawyer can assist parents in filing a claim and obtaining the money they deserve from those who are responsible for the impairment of their child.

Medical professionals aren't always able to pinpoint the causes of birth defects, but most of them can be caused by environmental or chemical exposure. This could include exposure of parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in crop spraying and pesticides.

In addition, the manufacturer and those who prescribe prescription medications must inform consumers of the dangers. However, a significant portion of these drugs are offered off-label to women of childbearing age without warnings regarding the risk of birth defects. 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 involving the occurrence of birth defects caused by parental exposure to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.