Birth Defect Litigation

Some injuries are beyond the parents' control. Families can be left with a large bill when injuries require costly procedures and special attention.

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 time limitations for when claims can be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks associated with pregnancy and childbirth. Birth defects and injuries do continue to occur. If they can be prevented, families need to explore their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing personnel at any stage of pregnancy, labor and birth. Medical professionals may also be negligent following the birth of a baby when they fail to provide the proper treatment.

Generally, the statute of limitations in these cases is 2.5 years from the date of the occurrence of medical malpractice. For infants this period may be extended. It is important to consult a lawyer immediately to ensure that all the evidence is collected, and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects that result from wrongful toxic and chemical exposures that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases on behalf of the family.

Parents should think about the following characteristics when choosing an attorney to represent them in a lawsuit for birth defect or injury:

Medical Malpractice

Birth defects can lead to numerous mental or physical problems. Some birth defects may be fatal. Some of these issues are inherited, while others are caused by exposure to environmental factors or the use of prescription drugs during pregnancy.

A medical professional or doctor could be accused of misconduct if they cause a birth defect through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. However, birth Defect attorney they may also include any act or inability to act that is in violation of the medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One example of situation involves a drug called teratogens. This medication can cause serious birth defects. During pregnancy, doctors usually recommend women not to take this medication, which is used to treat seizures. If a pregnant woman is exposed to this drug, she should submit a claim.

It is important to choose an attorney who has experience in handling these types of cases. Choose a law firm that is experienced in this area, and works on a contingency basis, so you don't pay anything unless you succeed. Find an attorney who has outstanding negotiation and communication skills. This will ensure that you submit your claim before the statute of limitations expires.

Prescription Drugs

Many birth defects can cause mental or physical disabilities that require costly medical treatment and accommodations for the child. Most often, these disorders are inherited, but a few of them can be caused by chemical or environmental exposure, or medications that the mother took while pregnant.

Pharmaceutical companies are required to test their products thoroughly and warn the public of the potential dangers. Unfortunately, birth defect attorney some pharmaceutical companies do not keep up to date with the latest research or fail to anticipate potential adverse effects. Furthermore, doctors may prescribe dangerous medications to their patients as well as some women do not receive adequate information on the risks associated with taking certain medications during pregnancy. These drugs, also known as teratogens, may cause birth defects, including spina-bifida that can occur in the fetus.

Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury that contaminate air or groundwater. Diane Paolicelli's legal career has been focused on combating powerful corporations that expose women to toxic chemicals and substances that may damage their reproductive health or lead to birth defects.

It is crucial to collect as all evidence you can prior to making a claim against the parties accountable. This includes ultrasound images, blood tests and medical bills that arose because of the birth defect. This helps the attorney establish the monetary worth of the case.

Product Liability

Pregnancy is among the most exciting, and anxiety-inducing experiences in a woman's lifetime. It's also a time when many medical professionals can make mistakes that result in birth defects. A top attorney can assist parents in filing claims and getting the money they deserve from those who are responsible for the impairment of their child.

Medical experts are not always able of determining the specific cause of birth defects, but most of them can be caused by environmental or chemical exposure. This can include parental contact with toxic chemicals in the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing and agricultural chemicals used for pesticides and spraying on crops.

The manufacturers and the people who prescribe medicines are also required to inform the public about their risks. However, a lot of these drugs are sold off-label for women of childbearing age without warnings regarding the possibility of birth defect Attorney (en.easypanme.com) defects. This is particularly applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects are caused by parental exposure to toxic chemical, such as those used in semiconductor manufacturing or agricultural. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.