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Birth Defect Litigation

Certain injuries are beyond the parents or their control. If injuries that result from these accidents require special treatment and expensive procedures, it can cause families to incur huge costs.

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

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks that come with childbirth and pregnancy. However birth defects and injuries can still occur. If they're preventable, families should consider their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing personnel at any stage of labor, birth and pregnancy. Medical professionals can also be guilty of malpractice following the birth defect law firms of a child by failing to provide the correct treatment.

In general, the statutes of limitation for these cases are 2.5 years from the date of the medical negligence. The time limit can be extended for infants. It is essential to talk with an attorney immediately to ensure that all evidence is gathered and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects caused by improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can cause a variety of mental and physical issues. Certain birth defects could be fatal. Some of these issues are inherited, while others are caused by exposure to the environment or the use of prescription medications during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects by their actions or inaction. These cases are usually based on medical negligence during labor or delivery. They also encompass any other do something that is below the standard of medical treatment, for instance the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One such case involves teratogens. These medications can lead to birth defects that are serious. In the course of pregnancy, doctors generally advise women to stay clear of this medication, which is utilized to treat seizures. If a pregnant woman is exposed to this drug, she should make a claim.

It is essential to choose an attorney who has previous experience in these cases. Look for a law firm that has a specialization in this area and works on the basis of a contingent fee, which means you won't have to pay a dime unless you win. Additionally, you should choose an attorney who has strong communication and negotiation abilities. This will help to ensure that you make your claim in time before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, that require costly medical treatment and accommodations for the child. Often, these conditions are inherited, but a few can be caused by chemical or environmental exposure, or by medications the mother took while pregnant.

Drug manufacturers are required to thoroughly test their products and warn consumers about any potential risks. Unfortunately many pharmaceutical companies do not keep up with the latest research or anticipate potential side effects. Furthermore, doctors may prescribe dangerous medications to their patients as well as some women do not get proper information about the dangers of taking certain drugs during pregnancy. These drugs, known as teratogens, may cause birth defects, including spina-bifida, in the fetus.

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

It is crucial to gather as all evidence you can prior to making a claim against the parties accountable. This includes any ultrasound images, blood tests and medical bills incurred due to the birth defect. This information can help the attorney determine the value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking experiences in women's lives. However, it's also a time when many medical professionals make mistakes that could lead to birth defects. A top lawyer can assist parents in submitting an appeal and gaining the compensation they deserve against the people responsible for the disabilities of their child.

Medical professionals aren't always able to pinpoint the specific cause of birth defects, but a large number can be due to environmental or chemical exposure. This could include exposure of parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying for crops and pesticides.

In addition, manufacturers and those who prescribe prescription medications have a responsibility to inform patients of the risks. However, a significant portion 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 the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases involving the occurrence birth defects due to exposure of parents to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.