Birth Defect Litigation

Parents want perfect babies However, some accidents happen outside of their control. Families can be left with a large bill when injuries require expensive procedures and special treatment.

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

Statute of Limitations

Modern technology and medical advancements have helped reduce the risks of childbirth and pregnancy. However, birth defects and injuries continue to occur. Families need to explore their legal options if they are preventable.

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any time during labor and birth procedures. Medical professionals may also be negligent after the birth of a baby in the event that they fail to provide appropriate treatment.

Generally, the statute of limitations in these cases is generally 2.5 years from the date of the act of medical malpractice. The time frame can be extended for infants. It is essential to speak with a lawyer immediately to ensure that all the evidence is collected, and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of a baby for birth defects caused by improper toxic and chemical exposures that occur during a mother's 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 injury or defect lawsuit parents should be looking for the following characteristics:

Medical Malpractice

Birth defects can cause an array of mental or physical issues. Some of them could be fatal. Some of these issues are caused by genetics, while others are due to exposure to the environment or the use of prescribed drugs during pregnancy.

A doctor or medical professional could be accused of malpractice if they cause birth defects through their actions or inaction. These cases usually involve medical negligence during labor or delivery. However, they may also comprise any act or failure to act that is in violation of a medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One example involves Teratogens. These medications can cause birth defects that are serious. During pregnancy, doctors typically recommend women not to take this medication, which is utilized in the treatment of seizures. If a pregnant woman is exposed to this drug, she should make a claim.

It is important to select an attorney who is experienced in handling these kinds of cases. Choose a law firm that is experienced in this area, and works on a contingency basis, so you won't have to pay a dime unless you succeed. Choose an attorney with outstanding negotiation and communication 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, which require expensive medical care and accommodations for the child. Most often, these disorders are genetic, but some of them are caused by environmental or chemical exposure, or the medications the mother took while pregnant.

Pharmaceutical companies are required to ensure that their products are tested properly and warn the public of the potential dangers. Unfortunately certain pharmaceutical companies don't keep up with the latest research or fail to anticipate possible adverse consequences. Moreover, doctors may prescribe dangerous drugs to patients, and some women do not receive the correct information regarding the risks of taking certain medications during pregnancy. These drugs, also known as teratogens can cause birth defect law firm defects, such as spina-bifida, in the fetus.

Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury which contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and substances that affect their reproductive health and lead to birth defects.

If you are filing lawsuits against the people who are responsible for your child's illness it is essential to gather as much evidence as possible. Included in this are ultrasound images as well as blood tests and medical bills that are incurred as a result. This information can help the attorney determine the worth of the case.

Product Liability

Pregnancy is among the most exciting and stressful experiences in women's lives. It's also the time when medical professionals make mistakes that result in birth defects. A top attorney can assist parents in filing a claim and obtaining the compensation they deserve against those responsible for the disability of their child.

Medical experts are not always able to pinpoint the root of birth defects, however most of them can be attributable to environmental or chemical exposure. This can include parental exposure to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying crops and pesticides.

Manufacturers and those who prescribe medicines must also inform people about the dangers. Yet, a substantial portion of these drugs are sold off-label for women of childbearing age without warnings regarding the risk of 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; Hospital.Tula-Zdrav.Ru, against chemical and pharmaceutical companies. He concentrates his practice on cases involving the development 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.