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Birth Defect Litigation

Certain injuries are beyond the parents or their control. Families are left with a large bill when injuries require costly procedures and specialized care.

A New York birth defect lawyer can assist parents who are stunned to file claims and receive compensation to cover future expenses. However, the law puts strict deadlines for when a claim should 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. When they are preventable, families must consider their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve mistakes committed by nurses or doctors staff at any point during labor, pregnancy and birth. In addition medical professionals could be guilty of medical malpractice following a child's birth if they fail to provide the correct treatment.

Generally, the statute of limitations in these cases is generally 2.5 years from the date of the act of medical malpractice. For infants, the time can be extended. It is crucial to consult an attorney as soon as you can to ensure that all the evidence is collected, and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can examine these claims and prosecute them on behalf of the family.

Parents should think about the following qualities when selecting an attorney to represent them in a lawsuit for birth defects or injuries:

Medical Malpractice

Birth defects can lead to a wide range of mental or physical problems. Some may even be fatal. Certain of these problems could be caused by genetics while others are triggered by exposure to environmental factors or prescription medications used during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects through their actions or inaction. These cases usually involve medical negligence during the birth or labor process. They can also include any act of failure to do something that is below the standard of medical care, such as failing to recognize an illness or prescribing incorrect medication during pregnancy.

One instance of case involves a medication called teratogens, which can cause birth defects that are serious. During pregnancy, doctors usually advise women to not take this medication, which is utilized to treat seizures. If the woman is exposed to the drug it is recommended that she file an action.

It is essential to select an attorney who has previous experience in these cases. Choose a law firm that has a specialization in this area and operates on an on a contingency basis, meaning there is no cost unless you succeed. Also, look for a lawyer with strong communication and negotiation abilities. This will help ensure that you submit your claim before the time limit expires.

Prescription Drugs

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

Drug makers are required to test their products correctly and warn the public of any potential dangers. Unfortunately many pharmaceutical companies fail to keep up with the latest research or anticipate the potential adverse consequences. Moreover, doctors may prescribe dangerous drugs to patients and some women do not receive adequate information on the risks of taking certain drugs during pregnancy. These drugs, also known as teratogens, may cause birth defects such as spina-bifida that can occur in the fetus.

Other substances that can cause birth defects include chemicals employed in the production and agricultural industries, as well as heavy metals like mercury, which are contaminating the groundwater or air. Diane Paolicelli's legal career is dedicated to fighting powerful corporations who expose women to harmful chemicals and substances that can damage their reproductive health or cause birth defects.

It is important to collect as the evidence you can before filing a lawsuit against the responsible parties. This includes any ultrasound scans, blood tests, and medical bills incurred because of the birth defect lawsuit defect. This information can help attorneys determine the value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. But it's also a time where many medical professionals make mistakes that could lead to birth defects. A top lawyer can help parents to file a claim against the medical professionals responsible for their child's disability and obtain the justice they deserve.

Although the causes of birth defects are typically unknown to medical professionals however, a significant proportion are linked with exposure to chemicals or the environment. This can include parental exposure to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.

The manufacturers and the people who prescribe medication are also required to warn the public about the dangers of their products. A large number of these drugs are marketed to pregnant women without warnings about the risk of birth defect. This is particularly the case with antidepressants such as Prozac and Zoloft.

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