Birth Defect Litigation

Some injuries are beyond the parents of their control. Families can be left with a huge bill when injuries require expensive procedures and special care.

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

Statute of Limitations

Modern technology and medical advancements have aided in reducing the risks related to pregnancy, childbirth and birth. However birth defects and injuries do occur. If they can be prevented, families need to explore their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes made by doctors or nurses at any time during labor and delivery procedures. In addition medical professionals can be guilty of medical malpractice following the birth of a child by failing to provide proper care.

Generally, the statute of limitations in these cases is 2.5 years from the date of the occurrence of medical malpractice. For infants this is sometimes extended. It is essential to speak with a lawyer immediately to ensure that all evidence is collected and that a timely complaint be filed.

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

Parents should take into consideration the following aspects when choosing an attorney to represent them in a suit for birth defect or injury:

Medical Malpractice

Birth defects can cause a variety of mental and physical problems. Certain birth defects could be fatal. Some of these problems may be genetic, Birth Defect Litigation while others are caused by environmental exposures or Birth Defect Litigation prescription medications taken during pregnancy.

A doctor or medical professional could be accused of misconduct when they cause birth defects due to their actions or inaction. These cases typically involve medical negligence during labor or delivery. They may also involve any other act which falls below a standard of medical care, such as failing to recognize an illness or prescribing the wrong medication during pregnancy.

One example of this type of situation involves a drug called teratogens. It can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug she must make a claim.

It is crucial to select an attorney with previous experience in these cases. You should choose an attorney with years of experience in this field and operates on contingency basis, which means you don't have to pay any fees until you win. Look for an attorney who has excellent communication and negotiation skills. This will ensure that you make your claim in time before the time limit expires.

Prescription Drugs

Many birth defects lead to physical or mental disabilities, that require expensive medical treatment and accommodations for the child. Most often, these disorders are genetic, but some of them can be caused by environmental or chemical exposure, or medications that the mother took while pregnant.

Drug manufacturers are required to ensure that their products are tested properly and warn the public of any potential risks. Sadly some pharmaceutical companies do not keep up with research or anticipate potential side effects. Additionally, doctors can prescribe dangerous medicines to their patients and some women do not get proper information about the dangers of taking certain medications during pregnancy. These drugs are known as teratogens and may cause birth defects in the fetus, such as spina bifida.

Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals such as mercury that can contaminate groundwater or air. Diane Paolicelli's legal career is focused on fighting powerful corporations who expose women to harmful chemicals and substances that may damage their reproductive health or cause birth defects.

If you are filing a lawsuit against the parties accountable for your child's condition it is crucial to gather as much evidence as you can. Included in this are ultrasound images or blood tests, as well as medical bills that are incurred as a result. This information will help the attorney assess the worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful events in a woman's lifetime. But it's also a time where medical professionals often make mistakes that can lead to birth defects. An experienced attorney can help parents in filing claims and getting the compensation they deserve from those who are responsible for the impairment of their child.

Medical experts are not always able of determining the causes of birth defects, but a large number can be caused by environmental or chemical exposure. This can include parental contact with toxic chemicals in the workplace, such as solvents and glycol ethers used in semiconductor manufacturing, as well as agricultural chemicals for pesticides and spraying crops.

Manufacturers and those who prescribe medication are also required to warn the public about the dangers of their products. Yet, a large percentage of these drugs are offered off-label for women of childbearing age, without warnings about the possibility of birth defects. This is especially applicable to 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 where birth defects result from exposure of parents to toxic chemicals like those used in semiconductor manufacturing or agriculture. He is a graduate from the American University in Washington, D.C. as well as Suffolk University Law School.