Birth Defect Litigation

Parents want perfect children however, there are some injuries that occur outside their control. If these injuries require special care and costly procedures, it can leave families with huge expenses.

A New York birth defect attorney can help parents shocked to file an action to receive compensation for future expenses. The law has strict time limits on when a claim may be filed.

Statute of Limitations

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

Many birth defect lawsuits are based on accusations of medical malpractice. These cases can involve mistakes made by nurses or doctors staff at any time during pregnancy, labor and birth. Additionally medical professionals can be guilty of medical malpractice following the birth of a baby by failing to provide the correct treatment.

In general the statute of limitation for birth defect attorney these cases are 2.5 years from the date of the medical malpractice. This time frame can be extended for infants. It is crucial to consult an attorney as soon as you can to ensure that all evidence is gathered, and that a timely complaint can be filed.

In addition to medical malpractice, a suit could also be filed on behalf of an infant for birth defects that result from wrongful toxic and birth defect attorney 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 take into consideration the following qualities when selecting an attorney to represent their interests in a lawsuit filed for birth injury or defect:

Medical Malpractice

Birth defects can lead to many mental or physical ailments. Some of them could be fatal. Some of these issues are inherited, whereas others are caused by exposure to environmental factors or the use of prescription drugs during pregnancy.

A medical professional or doctor could be convicted of malpractice in the event of causing birth defects by their actions or inaction. These cases typically involve medical negligence during labor or delivery. However, they could also include any act or inability to act in excess of a medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One such type of case is a medication called teratogens. It can cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug, then she should submit a claim.

It is important to select an attorney with experience handling these kinds of cases. Choose a law firm that is specialized in this area and operates on a contingency basis, so there is no cost unless you succeed. Additionally, you should choose a lawyer with strong communication and negotiation skills. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities that require expensive medical treatment and accommodations for the child. The majority of these problems are genetically inherited, but some of them are caused by environmental or chemical exposure, or the medications the mother was taking during pregnancy.

Drug manufacturers are required to test their products thoroughly and warn consumers about any potential risks. Unfortunately certain pharmaceutical companies are not keeping up to date with the latest research or fail to anticipate possible adverse effects. Certain doctors prescribe dangerous drugs to their patients. Moreover, some women aren't aware of the risks associated with taking certain medications while pregnant. These drugs, referred to as teratogens, may cause birth defect attorney defects, including spina-bifida, which is a birth defect in the fe.

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

It is essential to gather as much evidence as you can before making a claim against the parties responsible. Included in this are ultrasound images as well as blood tests and medical bills incurred due to. This assists the attorney in determining the monetary value of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxious experiences of the life of a woman. It's also a time where many medical professionals can make mistakes that cause birth defects. An experienced attorney can help parents file a claim against those who are responsible for their child's disabilities and obtain the proper compensation they're entitled to.

Although the causes of birth defects are generally unknown to medical experts however, a significant proportion can be linked with exposure to chemicals or the environment. This can include parental exposure to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.

The pharmaceutical companies and those who prescribe medicines are also obliged to warn the public about the risks. However, a significant portion of these drugs are marketed off-label for women of childbearing age, without warnings about the potential for 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 concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals by parents, such as those used in semiconductor manufacturing or agriculture. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.