Birth Defect Litigation

Some injuries are beyond the parents of their control. Families may be left with huge debts when these injuries require expensive procedures and specialized care.

A New York birth defect attorney can assist parents who are grieving and file claims to obtain compensation for birth defect attorney future expenses. However, the law puts strict deadlines on when a claim needs to be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries do still occur. If they can be prevented, families must explore their legal options.

Many birth defect suits are made on the basis of accusations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any time during labor and birth processes. Medical professionals may also commit malpractice after the birth of a child when they fail to provide the proper treatment.

Generally speaking, the time-limit for these cases is generally 2.5 years from when the act was committed of medical negligence. For infants this can be extended. However, it is essential to seek legal counsel early enough to ensure that all evidence is obtained and that a timely claim be filed.

In addition to medical malpractice, a suit may also be filed on behalf of a baby for birth defects that result from wrongful exposure to chemicals and toxic substances that take place 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 factors when choosing an attorney to represent them in a lawsuit for birth injury or defect:

Medical Malpractice

Birth defects can cause various mental and physical problems. Certain birth defects could cause death. Some of these issues could be caused by genetics while others are triggered by environmental exposures or prescription drugs used during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects through their actions or inaction. These cases usually are based on medical negligence during labor or delivery. They also encompass any be in compliance with a standard of medical care, such as, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of this type of situation involves a drug called teratogens, which can cause serious birth defects. During pregnancy, doctors usually advise women to not take this medication, which is commonly used to treat seizures. If a woman is exposed to the drug then she must make an insurance claim.

It is important that you choose an attorney who has experience in these types of cases. Find a law firm that is experienced in this area and works on an on a contingency basis, meaning you don't have to pay any fees unless you get the case won. Look for an attorney with excellent communication and negotiation skills. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to test their products thoroughly and warn consumers of any risks. Unfortunately some pharmaceutical companies are not keeping up-to-date with current research or birth defect attorney fail to anticipate potential adverse effects. Additionally, doctors can prescribe dangerous medicines to their patients and some women do not get proper information about the risks associated with taking certain drugs during pregnancy. These drugs, referred to as teratogens, may cause birth defect law firm defects, such as spina-bifida that can occur in the fetus.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals such as mercury that contaminate air or groundwater. Diane Paolicelli's legal profession has been dedicated to fighting powerful corporations that expose women to harmful chemicals and substances that could cause harm to their reproductive health and cause birth defects.

It is important to collect as all evidence you can before filing a suit against the parties accountable. Included in this are any ultrasound images and blood tests as well as medical bills incurred due to. This information helps the attorney assess the value of the case.

Product Liability

Pregnancy can be one of the most exciting and stressful experiences in women's lives. However, it's also a time where medical professionals often make mistakes that can lead to birth defects. A top lawyer can assist parents in filing a claim and obtaining the amount they deserve from those who are responsible for the impairment of their child.

While the causes of birth defects are generally unknown to medical experts, a significant number can be linked to exposure to chemicals or environmental factors. This can include exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.

Furthermore, manufacturers and the people who prescribe prescription medications have a responsibility to inform patients of the risks. A majority of these drugs is marketed to women who are expecting without warnings of the potential for birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.

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