Birth Defect Litigation

Some injuries are beyond the parents of their control. Families can be left with huge bills when these injuries require expensive procedures and specialized care.

A New York birth defect lawyer can help stunned parents file claims and receive compensation to cover the cost of future expenses. The law has strict time limits on when a claim can be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce risks related to pregnancy, childbirth and birth. Birth defects and injuries still occur. Families must consider their legal options if they are preventable.

Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any point in the pregnancy, labor and delivery procedures. Medical professionals can also be guilty of malpractice following the birth of a child if they fail provide proper treatment.

Generally speaking, the statute of limitations in these cases is generally 2.5 years from when the act was committed of medical negligence. This time period is extended for infants. It is essential to talk with a lawyer early enough to ensure that all evidence is collected, and that a timely complaint can be filed.

A lawsuit may be filed on behalf of a baby for birth defects caused by chemical and toxic exposures during pregnancy. Lawyers specially trained in birth defects can look into these claims and bring them to trial on behalf of the family.

Parents should think about the following qualities when selecting an attorney to represent them in a suit for birth defect or injury:

Medical Malpractice

Birth defects can lead to various mental and physical ailments. Some may even be fatal. Certain of these problems could be genetic while others are triggered by exposure to the environment or prescription drugs used during pregnancy.

A medical professional or doctor could be accused of malpractice when they cause birth defects due to their actions or inaction. These cases usually are caused by medical negligence during labor or delivery. They can also include any other act which falls below a standard of medical care, for example failing to recognize an illness or prescribing incorrect medication during pregnancy.

One such case involves the teratogens. These medications can lead to serious birth defects. In the course of pregnancy, doctors generally recommend women not to take this medication, which is used to treat seizures. If women are exposed to the drug, she must make an insurance claim.

It is essential to select an attorney with experience handling these types of cases. Look for a law firm that specializes in this area, and works on an hourly basis, which means you don't pay anything unless you win. Look for an attorney who has excellent communication and negotiation skills. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require expensive medical care and birth defect law Firms accommodations for the child. Often, these conditions are inherited, but a few of them may be caused by environmental or chemical exposure or medication that the mother consumed during pregnancy.

Pharmaceutical companies are required to test their products properly and warn the public of the potential dangers. Unfortunately some pharmaceutical companies do not keep up with research or anticipate the potential adverse effects. Some doctors recommend dangerous drugs to their patients. Some women are not informed about the risks associated with taking certain drugs while pregnant. These medications are referred to as teratogens, and they could cause birth defects in the fetus. This includes spina bifida.

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

If you are filing lawsuits against the parties accountable for your child's condition, it is important to gather as much evidence as you can. This includes any ultrasound images, blood tests, and medical bills that arise as a result of the birth defect. This information helps the attorney assess the value of the case.

Product Liability

Pregnancy can be one of the most exciting, yet stressful experiences in the life of a woman. It's also the time that medical professionals can make mistakes that lead to birth defects. An experienced attorney can assist parents bring a lawsuit against those accountable for their child's handicap and get the justice they deserve.

Medical experts aren't always able to determine the causes of birth defect Law firms defects, however the majority of them can be due to environmental or chemical exposure. This can include exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying for crops and pesticides.

Furthermore, birth defect law firms manufacturers and those who prescribe prescription drugs have a responsibility to warn patients of the risks. A majority of these medications are sold to women who are expecting without warnings about the risk of birth defect. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice focuses on cases involving the development of birth defects caused by exposure of parents to toxic chemicals, including those in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C. as well as Suffolk University Law School.