Birth Defect Litigation

Parents want perfect children However, some injuries occur outside of their control. Families could be faced with a huge bill when injuries require costly procedures and special treatment.

A New York birth defect lawyer can help stunned parents file an action and receive compensation to cover the cost of future expenses. The law has strict time limits for when claims can be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks associated with pregnancy and childbirth. However birth defects and injuries still occur. If they’re preventable, families must consider their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any point during the labor and birth processes. Additionally medical professionals could be guilty of medical malpractice following the birth of a child, by failing to provide proper treatment.

In general, the statutes of limitations for these cases are 2.5 years from the date of the medical negligence. This time frame is extended for infants. However, it is essential to seek legal advice early enough to ensure that all evidence has been collected and that a timely claim be filed.

In addition to medical malpractice, a suit could also be filed on behalf of a baby for birth defects caused by wrongful exposure to chemicals and toxic substances that occur during a mother’s pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

When selecting an attorney for a birth defect or birth injury lawsuit, parents should look for the following qualities:

Medical Malpractice

Birth defects can lead to a wide range of mental or physical ailments. Some birth defects can be fatal. Some of these issues could be genetic while others are caused through exposure to the environment or prescription drugs used during pregnancy.

A doctor or medical professional may be accused of negligence in the event of causing a birth defect through their actions or inaction. The most common cases involve medical negligence during labor or delivery. They can also be a result of any do something that is below the standard of medical treatment, for instance the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One example of this type of case is a medication called teratogens, which can cause serious birth defects. Doctors usually 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 file a claim.

It is important that you choose an attorney with experience in these types of cases. It is best to choose an attorney who has years of experience in this field and works on contingency, so you don’t have to pay anything until you win. Find an attorney who has great negotiation and communication skills. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require costly medical care and accommodations for the child. These problems are usually genetic, but they may also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.

Drug makers are required to adequately test their products and warn consumers of any potential risks. Unfortunately some pharmaceutical companies do not keep up with the latest research or foresee potential side consequences. Additionally, doctors can prescribe dangerous drugs to their patients and women may not receive adequate information on the risks associated with taking certain drugs during pregnancy. These drugs are referred to as teratogens, and they can cause birth defects in the fetus, such as spina bifida.

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

When filing an action against the parties who are responsible for your child’s illness It is crucial to gather as much evidence as possible. This includes ultrasound scans, blood tests, and medical bills that arose because of the birth defect. This assists the attorney in determining the financial value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful experiences a woman can go through in her life. It’s also a time when medical professionals can make mistakes that could lead to birth defects. An experienced attorney can help parents to file a claim against the medical professionals accountable for their child’s handicap and get the amount of compensation they deserve.

While the causes of birth defects are typically unknown to medical experts but a large proportion of birth defects can be linked with exposure to chemicals or the environment. This can be due to exposure by parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in pesticides and crop spraying.

The pharmaceutical companies and those who prescribe medications must also inform the public about their risks. Yet, a large percentage of these drugs are sold off-label to women of childbearing age without adequate warnings about the possibility of birth defects. This is especially 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. His practice is centered around cases involving the occurrence of birth defects resulting from parental exposure to toxic chemicals such as those used in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C. and Suffolk University Law School.