Birth Defect Litigation

Some injuries are beyond the parents' control. When these injuries require special treatment and costly procedures, it can leave families with huge expenses.

A New York birth defect lawyer can assist parents who are stunned to file an appeal and obtain compensation to cover future expenses. However, the law puts strict deadlines when a claim should be filed.

Statute of limitations

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

Many birth defect lawsuits are stemming from allegations that medical malpractice occurred. These cases could involve mistakes made by nurses or doctors staff at any stage of the birth process, including labor and pregnancy. Additionally medical professionals could be guilty of medical malpractice following the birth defect claim of a child, by failing to provide proper treatment.

In general the statute of limitations in these cases are 2.5 years after the date of the medical mistake. The time frame may be extended for infants. It is important to consult an attorney early enough to ensure that all the evidence is collected, and that a timely complaint be filed.

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

Parents should think about the following factors when choosing an attorney to represent their interests in a lawsuit filed for birth defects or injuries:

Medical Malpractice

Birth defects can trigger a wide range of mental or physical issues. Some may even be fatal. Some of these problems are inherited, while others are caused by exposure to environmental factors or the usage of prescription drugs during pregnancy.

A medical professional or doctor could be accused of malpractice when they cause a birth defect through their actions or inaction. These cases are usually based on medical negligence in delivery or labor. However, they could also comprise any act or failure to act that falls short of a medical standard of care, like failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One example is involving Teratogens. These drugs can result in birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must make a claim.

It is important that you choose an attorney who has previous experience in these cases. You should seek out a firm with years of experience in this field and works on contingency, so you won't be charged anything until you win. Also, look for an attorney who has strong communication and negotiation skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects cause physical or mental disabilities, that require costly medical treatment and accommodations for the child. Most often, these disorders are genetically inherited, but some of them are caused by chemical or environmental exposure or medication that the mother was taking during pregnancy.

Drug manufacturers have an obligation to test their products thoroughly and warn consumers of any risks. Unfortunately certain pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate possible adverse effects. Some doctors prescribe dangerous drugs to their patients and some women aren't aware of the risks associated with taking certain medications during pregnancy. These drugs, also known as teratogens may cause birth defect lawyer defects, like spina-bifida, in the fetus.

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

If you decide to file lawsuits against the parties who are responsible for your child's illness It is crucial to gather as much evidence as you can. Included in this are any ultrasound images, blood tests, and medical bills that are incurred due to. This will help the attorney determine the value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. But it's also a time where many medical professionals make mistakes that could lead to birth defects. A top lawyer can assist parents in filing an appeal and gaining the amount they deserve from those responsible for the disability of their child.

Medical experts are not always able of determining the exact cause of birth defects, but a large number can be caused by environmental or chemical exposure. This can include exposure by parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

In addition, the manufacturer and the people who prescribe prescription medications have a responsibility to warn consumers of the dangers. However, a lot of these drugs are offered off-label to women of childbearing age without proper warnings about the risk of birth defects. This is particularly true for antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects are caused by exposure to toxic chemicals in the home by parents like those used in semiconductor manufacturing or farming. He graduated from American University in Washington, D.C. and Suffolk University Law School.