Birth Defect Litigation

Some injuries are beyond the parents in their control. When these injuries require special treatment and expensive procedures, it can cause families to be faced with massive costs.

A New York birth defect attorney - mentors.co.Kr - can assist parents who are shocked to file claims to obtain compensation for future expenses. However, the law imposes strict deadlines when a claim must be filed.

Statute of limitations

Modern medical technology and advancements in medical science have aided in reducing the risks associated with pregnancy, childbirth and birth. However, birth defects and injuries do occur. Families need to explore their legal options if they are preventable.

Many birth defect suits are based on claims of medical malpractice. These cases may involve mistakes made by nurses or doctors at any time during the birth, labor and delivery processes. Medical professionals can also be negligent after the birth of a baby if they fail provide proper treatment.

Generally, the statute of limitations in these cases is 2.5 years from the date of the incident of medical malpractice. The time frame is extended for infants. It is nevertheless important to seek legal counsel as soon as possible to ensure that all evidence is obtained and that a timely claim be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects that result from wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Lawyers specially trained in birth defects are able to investigate these claims and bring them to trial on behalf of the family.

When selecting an attorney for a birth defect or birth injury lawsuit parents should look for the following qualities:

Medical Malpractice

Birth defects can cause a variety of mental and physical problems. Certain birth defects could be fatal. Some of these issues are caused by genetics, while others are caused by exposure to environmental factors or the usage of prescription drugs during pregnancy.

A medical professional or doctor may be accused of negligence if they cause birth defects through their actions or inaction. The most common cases involve medical negligence during labor or delivery. They can also be a result of any other be in compliance with a standard of medical care, for example not diagnosing an illness or prescribing incorrect medication during pregnancy.

One example is involving teratogens. These drugs can result in serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug, it is recommended that she make a claim.

It is important to choose an attorney who is experienced in handling these kinds of cases. Find a law firm that is specialized in this area and operates on an on a contingency basis, meaning you won't have to pay a dime unless you succeed. Find an attorney who has great negotiation and communication skills. This will help ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

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

Drug manufacturers are required to test their products correctly and inform the public about any risks that could be present. Unfortunately certain pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate possible side consequences. Moreover, doctors may prescribe dangerous drugs to their patients and some women do not receive the correct information regarding the dangers of taking certain medications during pregnancy. These are known as teratogens and may cause birth defects in the fetus, including spina Bifida.

Other substances that may cause birth defects include chemicals used in manufacturing and agriculture in addition to heavy metals such as mercury, which are contaminating the groundwater and air. Diane Paolicelli's career in law has been dedicated to fighting powerful corporations who expose women to harmful substances and chemicals that can affect their reproductive health or cause birth defects.

It is crucial to collect as all evidence you can prior to filing a lawsuit against the parties responsible. Included in this are any ultrasound images as well as blood tests and medical bills that are incurred as a result. This will help the attorney determine the financial worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking events in a woman's lifetime. It's also the time that medical professionals can make mistakes that can lead to birth defects. A top attorney can help parents make a claim against those accountable for their child's handicap and get the compensation they deserve.

While the causes of birth defects are usually unknown to medical experts, a significant number can be linked to exposure to chemicals or environmental factors. This may include contact by parents with toxic chemicals in the workplace, such as solvents and glycol ethers used in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.

The manufacturers and the people who prescribe medicines must also inform the public about the dangers of their products. A significant portion of these drugs are offered to women who are expecting without warnings of the possibility of birth defect. This is especially the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases that involve the occurrence of birth defects that result from exposure of parents to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C. as well as Suffolk University Law School.