Birth Defect Litigation

Some injuries are beyond the parents' control. If these injuries require special treatment and costly procedures, it can leave families with huge expenses.

A New York birth defect lawyer can help stunned parents file an appeal and obtain compensation to cover future costs. However, the law has strict deadlines on when a claim should be filed.

Statute of limitations

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

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve errors made by doctors or nurses at any point during the pregnancy, labor and delivery processes. Medical professionals can also commit malpractice after the birth of a baby by failing to provide the correct treatment.

In general the statute of limitation for these cases are 2.5 years from the date of the medical mistake. This time period is extended for infants. It is essential to speak with a lawyer whenever you can to ensure that all the evidence is gathered, and that a timely complaint be filed.

A lawsuit can be filed on behalf of a baby for birth defects that are caused by chemical and toxic exposures during the pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.

When selecting an attorney for a birth defect or birth injury lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can cause a variety of mental and physical ailments. Some birth defects may cause death. Some of these issues may be genetic while others are triggered through exposure to the environment or prescription drugs used during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects due to their actions or inaction. These cases typically are caused by medical negligence during labor or delivery. They can also be a result of any other do something that is below the standard of medical care, for example, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One example of this type of situation is a drug called teratogens. This medication can cause hood river birth defect attorney defects that are serious. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should submit a claim.

It is important to select an attorney who has experience in handling these kinds of cases. Look for a law firm that is specialized in this area and works on a contingency basis, so there is no cost unless you get the case won. Find an attorney who has excellent communication and negotiation skills. This will help to ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

A variety of birth defects cause mental or physical 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 by medications the mother was taking during pregnancy.

Drug manufacturers are required to test their products thoroughly and warn consumers about any potential risks. Unfortunately some pharmaceutical companies do not keep up with the latest research or fail to anticipate potential side effects. Certain doctors prescribe dangerous drugs to their patients. Some women are not informed about the risks of taking certain drugs while pregnant. These drugs, known as teratogens may cause birth defects, including spina-bifida, which is a spartanburg birth defect lawsuit defect in the fe.

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

It is crucial to gather as all evidence you can before filing a suit against the parties responsible. Included in this are any ultrasound images and blood tests as well as medical bills incurred due to. This assists the attorney in determining the financial value of the case.

Product Liability

Pregnancy can be one of the most exciting, and nerve-wracking experiences in women's lives. It's also the time that medical professionals make mistakes that cause birth defects. An experienced attorney can assist parents bring a lawsuit against those responsible for their child's condition and acquire the justice they deserve.

Medical experts are not always able to determine the root of birth defects, but a large number can be attributed to chemical or environmental exposure. This can include parental exposure to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in spraying for crops and pesticides.

The pharmaceutical companies and those who prescribe medications also have a duty to inform the public about their risks. Yet, a large percentage of these medications are sold off-label for women of childbearing age without warnings regarding 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 orinda birth defect attorney defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases involving the development of birth defects resulting from exposure of parents to toxic chemicals such as those used in semiconductor manufacturing as well as agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.