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Birth Defect Litigation

Parents want perfect children However, some accidents happen beyond their control. Families can be left with a large bill when injuries require costly procedures and special treatment.

A New York birth defect attorney can help parents grieving and file a claim to get compensation for future expenses. The law has strict deadlines on when a claim may be filed.

Statute of limitations

Modern medical technology and advancements in medical science have aided in reducing the risks associated with pregnancy, childbirth and birth. Birth defects and injuries remain a possibility. If they're preventable families must consider their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors personnel at any stage of labor, birth and pregnancy. In addition medical professionals may be guilty of medical malpractice following the birth of a child if they fail to provide proper treatment.

Generally speaking, the statute of limitations in these cases is generally 2.5 years from the date of the act of medical malpractice. For infants, the time period may be extended. It is nevertheless important to seek legal counsel immediately to ensure that all evidence is collected and that a timely claim be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

Parents should be aware of the following characteristics when choosing an attorney to represent them in a suit for birth defects or injuries:

Medical Malpractice

Birth defects can cause an array of mental or physical problems. Some birth defects can be fatal. Some of these problems are inherited, whereas others are caused by exposure to the environment or the use of prescription drugs during pregnancy.

A doctor or medical professional may be accused of negligence when they cause birth defects through their actions or inaction. These cases typically are based on medical negligence in 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 recognize an illness or prescribing incorrect medication during pregnancy.

One example of case is a medication called teratogens, which can cause birth defects that are serious. In the course of pregnancy, doctors generally advise women to avoid taking this medication, which is utilized to treat seizures. If a woman is exposed to the drug it is recommended that she file an insurance claim.

It is important to select an attorney with experience handling these kinds of cases. Find a firm that is specialized in this field and operates on an hourly basis, which means you won't have to pay a dime unless you get the case won. Look for an attorney who has great negotiation and communication skills. This will help to ensure that you submit your claim 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. These disorders are usually genetic, but can also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.

Drug makers are required to test their products thoroughly and warn the public of any risks that could be present. Unfortunately some pharmaceutical companies do not keep up-to-date with current research or fail to anticipate potential side consequences. Certain doctors prescribe dangerous drugs to their patients. Some women are not aware of the risks of taking certain drugs while pregnant. These drugs, also known as teratogens, can cause birth defects, like spina-bifida, which is a birth defect in the fe.

Other substances that may cause birth defects are chemicals used in agriculture and manufacturing and heavy metals such as mercury, which are contaminating the groundwater or the air. Diane Paolicelli's legal career has been focused on fighting powerful corporations that expose women to harmful substances and chemicals that can harm their reproductive health or cause birth defects.

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

Product Liability

Pregnancy is one of the most thrilling and stressful events in a woman's lifetime. However, it's also a time when many medical professionals make mistakes that could cause birth defect Lawsuit defects. An experienced attorney can assist parents to file a claim against the medical professionals who are responsible for their child's disabilities and receive the compensation they deserve.

While the causes of birth defects are usually unknown to medical professionals but a large proportion of birth defects can be linked with exposure to chemicals or the environment. This could include exposure of parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for spraying for crops and pesticides.

The pharmaceutical companies and those who prescribe medications must also warn the public about the dangers of their products. A majority of these drugs are offered to women who are pregnant, without warnings of the potential for birth defects. This is particularly true for antidepressants like 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 that involve the occurrence of birth defects that result from parental exposure to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.