Birth Defect Litigation

Parents want perfect babies, but some injuries happen outside of their control. If injuries that result from these accidents require special care and costly procedures, it could cause families to incur huge costs.

A New York birth defect attorneys defect attorney can help parents shocked to file an appeal to be compensated for future expenses. However, the law has strict deadlines on when a claim needs to be filed.

Statute of Limitations

Modern medical technology and advances have reduced the risks associated with pregnancy, childbirth and birth. However birth defects and injuries still occur. Families need to consider their legal options when they are preventable.

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing staff at any stage of labor, pregnancy and birth. Medical professionals may also be negligent after the birth of a baby when they fail to provide the proper treatment.

Generally speaking, the time limit for these cases is 2.5 years from the date of the act of medical malpractice. For infants, this period can be extended. It is crucial to consult a lawyer whenever you can to ensure that all the evidence is collected and that a timely complaint can be filed.

A lawsuit may be filed on behalf of a child to claim birth defects caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can cause a variety of mental and physical issues. Some of them may even be fatal. Some of these problems may be caused by genetics, while others are caused through exposure to the environment or prescription medications used during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects through their actions or inaction. Most cases involve medical negligence during the birth or labor process. They can also include any do something that is below the standard of medical treatment, for instance failing to recognize an illness or prescribing incorrect medication during pregnancy.

One instance of case is a medication known as teratogens, which could cause birth defects that are serious. During pregnancy, doctors usually advise women to stay clear of this medication, which is commonly used in the treatment of seizures. If a woman is exposed to the drug, she must make an insurance claim.

It is essential to select an attorney with experience handling these types of cases. It is best to choose a firm that has expertise in this area and is based on contingency, meaning that you don't have to pay anything until you win. Additionally, you should choose a lawyer who has excellent communication and negotiation skills. This will help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects can cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. These disorders are usually genetic, but they may also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and inform the public of any potential risks. Unfortunately some pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate potential adverse effects. Some doctors recommend dangerous drugs to their patients and some women are not aware of the risks associated with taking certain drugs while pregnant. These medications are referred to as teratogens, and they can cause birth defects in the fetus, including spina bifida.

Other substances that can cause birth defects are the chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury which affect groundwater or the air. Diane Paolicelli's legal profession has been focused on fighting powerful corporations that expose women to toxic chemicals and substances that may cause harm to their reproductive health and cause birth defects.

It is crucial to collect as much evidence as you can prior to making a claim against the parties responsible. Included in this are any ultrasound images, blood tests, and medical bills that are incurred as a result. This information helps the attorney to determine the worth of the case.

Product Liability

Pregnancy is among the most exciting, and nerve-wracking experiences in women's lives. It's also a time where many medical professionals can make mistakes that result in birth defects. A reputable attorney can assist parents in filing claims and getting the amount they deserve from those who are responsible for the impairment of their child.

Although the causes of birth defects are usually not understood by medical professionals however, a significant proportion are linked to exposure to chemicals or environmental causes. This can include parental exposure to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying for crops and pesticides.

The manufacturers and the people who prescribe medications also have a duty to inform the public about the risks. However, a lot of these drugs are marketed off-label to women who are pregnant age without adequate warnings about the risk of birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects result from exposure of parents to toxic chemicals like those employed in semiconductor manufacturing or farming. He graduated from American University in Washington, D.C. and Suffolk University Law School.