Birth Defect Litigation

Parents want their children to be perfect however, there are some injuries that occur beyond their control. When these injuries require special treatment and expensive procedures, it could leave families with huge expenses.

A New York birth defect attorney can assist parents who are grieving and file a claim to get compensation for future expenses. However, the law places strict time limitations on when a claim should be filed.

Statute of Limitations

Modern technology and medical advances have reduced the risks related to pregnancy, childbirth and birth. However birth defects and injuries still occur. Families should consider their legal options when they are preventable.

Many birth defect lawsuits are founded on accusations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors personnel at any stage of labor, pregnancy and birth. Medical professionals can also commit malpractice 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 negligence. The time frame can be extended for infants. It is essential to speak with an attorney early enough to ensure that all evidence is collected, and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant for birth defects caused by improper toxic and chemical exposures that occur during the mother’s pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases on behalf of the family.

When choosing an attorney to represent them in a birth defect or birth injury lawsuit parents should look for the following characteristics:

Medical Malpractice

Birth defects can lead to various mental and physical ailments. Some of them can be fatal. Some of these issues are inherited, lawsuits while others are caused by exposure to environmental factors or the use of prescription medications during pregnancy.

A doctor lawsuits or medical professional may be accused of negligence if they cause a birth defect through their actions or inaction. These cases are usually based on medical negligence during labor or delivery. However, they can be a result of any action or failure to act that is in violation of the medical standard of care, such as failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One instance of situation is a drug called teratogens. This medication can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should submit a claim.

It is important to select an attorney who has handled these kinds of cases. Find a law firm that has a specialization in this area and works on the basis of a contingent fee, which means you don’t pay anything unless you succeed. Choose an attorney with excellent communication and negotiation skills. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities, which require costly medical care and accommodations for the child. These disorders are usually genetic, but can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.

Drug manufacturers are required to thoroughly test their products and warn consumers of any risks. Unfortunately, some pharmaceutical companies do not keep up with research or anticipate possible side consequences. Some doctors recommend dangerous drugs to their patients. Moreover, some women are not aware of the dangers associated with using certain drugs during pregnancy. These drugs are known as teratogens and can cause birth defects within the fetus, such as spina bifida.

Other substances that may cause birth defects are chemicals employed in the production and agricultural industries in addition to heavy metals, like mercury, which are contaminating the groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that could cause harm to their reproductive health and lead to birth defects.

It is crucial to collect as many evidences as you can before filing a lawsuit against the parties responsible. This includes ultrasound images, blood tests and medical bills that came up due to the birth defect. This helps the attorney establish the value of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxious experiences of women’s lives. It’s also a time when medical professionals can make mistakes that can lead to birth defects. A reputable attorney can assist parents in filing claims and getting the money they deserve from those who are responsible for the impairment of their child.

Medical professionals aren’t always able of determining the exact cause of birth defects, however the majority of them can be attributable 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 for crop spraying and pesticides.

In addition, manufacturers and the people who prescribe prescription medications are required to inform consumers of the dangers. A significant portion of these drugs are marketed to women who are expecting without warnings of the possibility of birth defect lawyer defect. This is especially true for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases involving the occurrence of birth defects due to exposure of parents to toxic chemicals such as those in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C. and Suffolk University Law School.

Leave a Reply

Your email address will not be published. Required fields are marked *