Birth Defect Litigation

Some injuries are out of the parents in their control. If these injuries require special medical attention and expensive procedures, it could result in huge costs for families.

A New York birth defect law firm defect lawyer can assist parents who are shocked to file an action and receive compensation to pay for future expenses. The law has strict time limits on when a claim can be filed.

Statute of Limitations

Modern medical technology and advances have reduced the risks that are associated with childbirth, pregnancy and birth. However birth defects and injuries can still occur. If they can be prevented, families must consider their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve mistakes made by doctors or nurses at any point in the birth, labor and delivery procedures. In addition medical professionals can be guilty of medical malpractice after a child's birth in the event that they fail to provide proper treatment.

In general, the statutes of limitation for these cases are 2.5 years from the date of the medical mistake. The time limit can be extended to infants. It is important to consult an attorney immediately to ensure that all the evidence is gathered, and that a timely complaint can be filed.

A lawsuit can be filed on behalf of a child to claim birth defects that are caused by chemical and toxic exposures during the pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

Parents should be aware of the following factors when choosing an attorney to represent them in a lawsuit for birth defects or birth injuries:

Medical Malpractice

Birth defects can cause numerous physical or mental problems. Some of them may even be fatal. Some of these issues could be caused by genetics and others may be caused by exposure to the environment or prescription drugs taken during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects through their actions or inaction. These cases usually involve medical negligence during labor or delivery. They may also involve any act of failure to act which falls below a standard of medical care, for example not diagnosing an illness or prescribing incorrect medication during pregnancy.

One example involves teratogens. These medications can lead to birth defects that are serious. When pregnant, doctors usually advise women to not take this medication, which is used in the treatment of seizures. If an individual is exposed to the drug, she must submit an action.

It is crucial to select an attorney who has handled these kinds of cases. Choose a law firm that has a specialization in this area, and works on the basis of a contingent fee, which means you don't have to pay any fees unless you are successful. Additionally, you should choose a lawyer who has excellent communication and negotiation abilities. This can help ensure that your claim is filed 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. The majority of these problems are genetic, however some of them can be caused by chemical or environmental exposure or medication that the mother took during pregnancy.

Drug manufacturers are required to test their products properly and inform the public about the potential dangers. Sadly many pharmaceutical companies do not keep up with the latest research or anticipate potential side effects. Additionally, doctors can prescribe dangerous medications to their patients as well as some women do not get proper information about the risks of taking certain drugs during pregnancy. These are known as teratogens. They could cause birth defect law firms defects in the fetus. This includes spina bifida.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, as well as heavy metals such as mercury that contaminate air or groundwater. Diane Paolicelli's legal profession has been dedicated to combating powerful corporations that expose women to toxic chemicals and substances that can damage their reproductive health or cause birth defects.

If you are filing lawsuits against the parties who are responsible for your child's illness, it is important to gather as much evidence as you can. Included in this are any ultrasound images or blood tests, as well as medical bills that are incurred due to. This helps the attorney establish the worth of the case.

Product Liability

Pregnancy is among the most exciting and stressful experiences in a woman's lifetime. It's also the time that many medical professionals can make mistakes that can lead to birth defects. An experienced attorney can help parents file a claim against those responsible for their child's condition and receive the proper compensation they're entitled to.

While the causes of birth defects are usually unknown to medical experts however, a significant proportion are linked to environmental or chemical exposure. This could include contact from parents with toxic chemicals at the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing as well as agricultural chemicals for pesticides and crop spraying.

The manufacturers and the people who prescribe medication must also inform people about the dangers. However, a lot of these drugs are marketed off-label for women of childbearing age without adequate warnings about the risk of birth defect lawsuit 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 defects lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases that involve the occurrence of birth defects caused by parental exposure to toxic chemicals such as those used in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.