Birth Defect Litigation

Parents want their children to be perfect However, some injuries occur outside of their control. If injuries that result from these accidents require special treatment and costly procedures, it could leave families with huge expenses.

A New York Birth Defect Law Firms defect lawyer can assist parents in filing an action and receive compensation to cover the cost of future expenses. The law has strict time limitations on when claims can be filed.

Statute of Limitations

Modern technology and medical advances have aided in reducing the risks associated with pregnancy, childbirth and birth. Birth defects and injuries remain a possibility. If they can be prevented, families must explore their legal options.

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

Generally, the time limit for these cases is generally 2.5 years from the date of the occurrence of medical malpractice. For infants, this time period can be extended. But, it is crucial to seek legal counsel immediately to ensure that all evidence has been collected and that a timely claim be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

Parents should be aware of the following qualities when selecting an attorney to represent their interests in a lawsuit filed for birth defects or birth injuries:

Medical Malpractice

Birth defects can cause various mental and physical issues. Some may even be fatal. Some of these problems may be caused by genetics while others are caused by environmental exposures or prescription drugs used during pregnancy.

A medical professional or doctor could be convicted of malpractice when they cause birth defects by their actions or inaction. The majority of these cases are based on medical negligence during delivery or labor. However, they can also include any act or failure to act that is not in the range of the medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One example is involving Teratogens. These medications can lead to serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug, she must make an insurance claim.

It is important that you select an attorney who has expertise in these kinds of cases. Choose a law firm that has a specialization in this area and operates on an hourly basis, which means you won't have to pay a dime unless you are successful. Choose an attorney with great negotiation and communication skills. This will help to ensure that you submit your claim before the statute of limitations expires.

Prescription Drugs

Many birth defects can cause physical or mental disabilities that require costly medical treatment and accommodations for the child. Often, these conditions are genetic, but some of them may be caused by chemical or environmental exposure, or by medications the mother took during pregnancy.

Drug manufacturers are required to test their products correctly and inform the public of any potential dangers. Unfortunately some pharmaceutical companies fail to keep up with the latest research or anticipate the potential adverse effects. Some doctors recommend dangerous drugs to their patients. Moreover, some women are not informed about the risks of using certain drugs during pregnancy. These drugs are known as teratogens and may cause birth defects in the fetus, including spina Bifida.

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

If you are filing lawsuits against the parties responsible for your child's condition It is crucial to gather as much evidence as you can. Included in this are any ultrasound images and blood tests as well as medical bills incurred as a result. This information can help the attorney assess the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful experiences a woman can go through in her life. It's also a time when medical professionals can make mistakes that cause birth defects. An experienced attorney can assist parents file a claim against those responsible for their child's condition and receive the justice they deserve.

While the causes of birth defects are typically unknown to medical professionals however, a significant proportion can be linked with exposure to chemicals or the environment. This could be due to contact by parents with toxic chemicals in the workplace, for example glycol ethers and solvents used in semiconductor manufacturing as well as agricultural chemicals used for pesticides and spraying crops.

Manufacturers and those who prescribe medicines are also required to warn the public about the dangers of their products. Yet, a substantial portion of these drugs are marketed off-label to women of childbearing age without adequate warnings about the potential for birth defects. This is especially 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. His practice is centered around cases that involve the occurrence of birth defect lawyer defects that result from parental exposure to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C. as well as Suffolk University Law School.