Birth Defect Litigation

Parents want their children to be perfect however, there are some injuries that occur out of their control. Families are left with a large bill when injuries require costly procedures and special treatment.

A New York birth defect lawyer can assist parents in filing an action and receive compensation to cover the cost of future expenses. However, the law places strict time limitations on the time a claim has to be filed.

Statute of Limitations

Modern technology and birth defect law firm medical advancements have helped to reduce the risks associated with childbirth and pregnancy. However, birth defect law firm birth defects and injuries can still occur. Families need to explore their legal options if they can be prevented.

Many birth defect lawsuits are based on allegations that medical malpractice occurred. These cases may involve mistakes committed by nurses or doctors at any time during the pregnancy, labor and delivery processes. Medical professionals may also be guilty of malpractice following the birth of a baby when they fail to provide the proper treatment.

In general, the statutes of limitations in these cases is 2.5 years from the date of the medical malpractice. For infants, this time period may be extended. However, it is essential to seek legal counsel early enough to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant for birth defect law firm (more..) defects caused by wrongful exposure to chemicals and toxic substances that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

Parents should be aware of 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 numerous mental or physical problems. Some birth defects may cause death. Some of these issues could be genetic and others may be caused by environmental exposures or prescription drugs taken during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects through their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they can comprise any act or failure to act that falls short of the medical standard of care, such as failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One example is involving teratogens. These medications can lead to serious birth defects. During pregnancy, doctors typically advise women to stay clear of this medication, which is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must make an insurance claim.

It is important that you choose an attorney who has previous experience in these cases. You should seek out a firm with extensive experience in this field. It also is based on contingency, meaning that you won't be charged anything until you are successful. Choose an attorney with great negotiation and communication skills. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. These disorders are usually genetic, but they may also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.

Pharmaceutical companies are required to test their products properly and inform the public of the potential dangers. Unfortunately certain pharmaceutical companies are not keeping up to date with the latest research or fail to anticipate possible adverse effects. Some doctors prescribe dangerous drugs to their patients. Some women aren't aware of the dangers associated with using certain drugs during pregnancy. These medications are referred to as teratogens. They could cause birth defects in the fetus including spina bifida.

Other substances that may cause birth defects are chemicals used in agriculture and manufacturing and heavy metals, like mercury that are contaminating groundwater or air. Diane Paolicelli's legal career is focused on combating powerful corporations that expose women to toxic chemicals and substances that can harm their reproductive health or cause birth defects.

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

Product Liability

Pregnancy can be one of the most exciting, and nerve-wracking experiences in the life of a woman. It's also a time when medical professionals can make mistakes that result in birth defects. A top attorney can help parents file a claim against those accountable for their child's handicap and acquire the proper compensation they're entitled to.

Medical experts are not always able to determine the specific cause of birth defects, however the majority of them can be due to environmental or chemical exposure. This could include exposure of parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

The pharmaceutical companies and those who prescribe medications also have a duty to warn the public about their risks. However, a significant portion of these drugs are marketed off-label to women who are pregnant age without proper warnings about the potential for birth defect lawsuit 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 pharmaceutical and chemical companies. He focuses his practice on cases involving the occurrence birth defect lawyers defects resulting from parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.