Birth Defect Litigation

Parents want their children to be perfect However, some accidents happen outside their control. If injuries that result from these accidents require special treatment and costly procedures, it can result in huge costs for families.

A New York birth defect attorney can assist parents who are grieving and file a claim to get compensation for future expenses. The law has strict deadlines for when claims can be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks associated with childbirth and pregnancy. However birth defects and injuries can still occur. Families should consider their legal options if they can be prevented.

Many birth defect suits are made on the basis of allegations that medical malpractice occurred. These cases can involve errors made by doctors or nurses at any time during labor and delivery processes. Medical professionals can also commit malpractice after the birth of a child by failing to provide the correct treatment.

In general the statute of limitation for these cases are 2.5 years after the date of the medical mistake. The time frame may be extended for infants. It is crucial to consult an attorney whenever you can to ensure that all the evidence is collected, and that a timely complaint be filed.

In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defects caused by improper toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers are able to investigate these claims and bring them to trial on behalf of the family.

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

Medical Malpractice

Birth defects can result in many mental or physical ailments. Certain birth defects could cause death. Some of these issues may be caused by genetics and others may be caused by exposure to environmental factors or prescription medications used during pregnancy.

A medical professional or doctor could be accused of misconduct in the event of causing birth defects by their actions or inaction. These cases typically are based on medical negligence in delivery or labor. They can also include any act of failure to act which falls below a standard of medical care, like the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One example involves Teratogens. These medications can cause birth defects that are serious. During pregnancy, doctors usually advise women to avoid taking this medication, which is used in the treatment of seizures. If a woman who is pregnant is exposed to this drug, she should file an insurance claim.

It is vital to choose an attorney with experience in these types of cases. You should seek out an attorney who has experience in this field and is on contingency, which means you don't have to pay any fees until you win. Additionally, you should choose an attorney who has strong communication and negotiation skills. This can help ensure that your claim is filed before the statute of limitations 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 may be caused by chemical or environmental exposure or medication that the mother took while pregnant.

Pharmaceutical manufacturers are required to adequately test their products and warn consumers about any potential risks. Unfortunately, some pharmaceutical companies do not keep up-to-date with the latest research or fail to anticipate potential side consequences. Certain doctors prescribe dangerous medications to their patients. Moreover, some women are not aware of the risks associated with using certain drugs during pregnancy. These medications are referred to as teratogens and can cause birth defects within the fetus including spina Bifida.

Other substances that may cause birth defects include chemicals used in manufacturing and agriculture and heavy metals such as mercury that are contaminating air or groundwater. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and substances that could harm their reproductive health and lead to birth defects.

When filing lawsuits against the parties responsible for your child's condition, it is important to gather the most evidence you can. This includes any blood tests, ultrasound images and medical bills that arose due to the birth defect. This information helps the attorney to determine the worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful events in a woman's lifetime. It's also the time when many medical professionals can make mistakes that can lead to birth defects. A top lawyer can assist parents in filing an action and obtaining the compensation they deserve against those responsible for the disability of their child.

Medical experts are not always able to pinpoint the exact cause of birth defects, but the majority of them can be attributed to chemical or environmental exposure. This could include exposure of parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

Furthermore, manufacturers and the people who prescribe prescription medications have a responsibility to warn consumers of the dangers. However, a significant portion of these drugs are sold off-label to women who are pregnant age without adequate warnings about the possibility of birth defects. 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 chemical and pharmaceutical companies. He focuses his practice on cases where birth defects are caused by exposure of parents to toxic chemicals like those employed in the manufacture of semiconductors or in agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.