Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur out of their control. If injuries that result from these accidents require special care and costly procedures, it can cause families to incur huge costs.

A New York birth defect lawyer can assist parents in filing an appeal and obtain compensation to pay for future expenses. The law has strict deadlines on when a claim can be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce risks related to pregnancy, childbirth and birth. However, birth defects and injuries continue to occur. If they're preventable families should consider their legal options.

Many birth defect suits are stemming from accusations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any time during the pregnancy, labor and delivery procedures. Additionally medical professionals may be guilty of medical malpractice after the birth of a child if they fail to provide the correct treatment.

Generally speaking, the statute of limitations in these cases is generally 2.5 years from when the act was committed of medical malpractice. The time frame can be extended to infants. It is essential to talk with a lawyer immediately to ensure that all evidence is gathered, and that a timely complaint be filed.

In addition to medical malpractice, a suit may also be filed on behalf of an infant for birth defects caused by wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit parents should look for the following characteristics:

Medical Malpractice

Birth defects can result in an array of mental or physical problems. Some birth defects can be fatal. Some of these problems are inherited, whereas others are caused by exposure to environmental factors or the usage of prescribed drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects through their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they may also include any act or failure to act in excess of a medical standard of care, such as failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One example of situation involves a drug known as teratogens, which could cause serious birth defects. In the course of pregnancy, doctors generally recommend women not to take this medication, which is commonly used in the treatment of seizures. If a pregnant woman is exposed to this drug, she should submit an insurance claim.

It is important to select an attorney who is experienced in handling these types of cases. You should choose an attorney who has expertise in this area and is based on contingency, meaning that you won't have to pay any fees until you win. Also, look for a lawyer who has excellent communication and negotiation abilities. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require costly medical care and accommodations for the child. These issues are often genetic, but can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and warn the public of the potential dangers. Sadly some pharmaceutical companies fail to keep up with the latest research or anticipate the potential adverse consequences. Certain doctors prescribe dangerous drugs to their patients, and some women are not aware of the risks associated with taking certain drugs while pregnant. These medications are referred to as teratogens and can cause birth defects in the fetus. This includes spina Bifida.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury, which pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and substances that cause harm to their reproductive health and lead to birth defects.

If you are filing an action against the parties accountable for your child's condition It is crucial to gather the most evidence you can. Included in this are any ultrasound images or blood tests, as well as medical bills incurred due to. This information assists the attorney assess the worth of the case.

Product Liability

Pregnancy is among the most exciting and stressful experiences in a woman's lifetime. But it's also a period where many medical professionals make mistakes that can lead to birth defects. A top attorney can help parents bring a lawsuit against those accountable for their child's handicap and acquire the amount of compensation they deserve.

Although the causes of birth defects are often not understood by medical professionals but a large proportion of birth defects can be linked with exposure to chemicals or the environment. This can include parental contact with toxic chemicals at the workplace, such as glycolethers and solvents utilized in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as spraying of crops.

The manufacturers and the people who prescribe medications also have a duty to warn people about the dangers. However, a lot of these medications are sold off-label to women who are pregnant age without warnings regarding the possibility of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases involving the occurrence birth defects due to 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.