Birth Defect Litigation

Some injuries are beyond the parents' control. If these injuries require special care and costly procedures, it can cause families to incur huge costs.

A New York birth defect attorney can help parents in shock to file a claim to get compensation for future expenses. However, the law places strict deadlines on the time a claim has to be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce risks associated with childbirth, pregnancy and birth. Birth defects and injuries do persist. Families must consider their legal options if they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes made by doctors or nurses at any point in the labor and delivery procedures. In addition medical professionals can be guilty of medical malpractice after the birth of a child when they fail to provide proper treatment.

Generally, the statute of limitations in these cases is 2.5 years from the date of the act of medical malpractice. This time period is extended for infants. But, it is crucial to seek legal advice immediately to ensure that all evidence is collected and that a timely claim be filed.

A lawsuit may be filed on behalf of a baby for birth defects caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can examine the claims and then prosecute them on behalf of the family.

Parents should take into consideration the following aspects when choosing an attorney to represent them in a lawsuit involving birth defects or birth injuries:

Medical Malpractice

Birth defects can lead to many mental or physical issues. Some birth defects can cause death. Some of these issues could be genetic and others may be caused by exposure to environmental factors or prescription medications used during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects as a result of their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they can comprise any act or failure to act that is not in the range of the medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One such case involves Teratogens. These drugs can cause serious birth defects. In the course of pregnancy, doctors generally advise women to not take this medication, which is commonly used to treat seizures. If a pregnant woman is exposed to this drug, she should submit an insurance claim.

It is important to select an attorney with experience handling these types of cases. Find a firm that has a specialization in this field and operates on the basis of a contingent fee, which means you don't have to pay any fees unless you succeed. Also, look for a lawyer who has excellent negotiation and communication abilities. This will 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. Most often, these disorders are genetic, however some can be caused by environmental or chemical exposure, or by medications 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 do not keep up with research or anticipate possible side effects. Additionally, doctors can prescribe dangerous medicines to their patients and some women do not receive the correct information regarding the risks of taking certain drugs during pregnancy. These drugs, known as teratogens, may cause birth defects, like spina-bifida, in the fetus.

Other substances that can cause birth defects are the chemicals used in the agricultural and manufacturing industries, and heavy metals such as mercury that pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that affect their reproductive health and lead to birth defects.

If you decide to file a lawsuit against the parties responsible for your child's condition it is essential to gather as much evidence as you can. This includes any ultrasound scans, blood tests, and medical bills incurred as a result of the birth defect. This information helps the attorney to determine the worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking moments in a woman's life. It's also a time when medical professionals are prone to making mistakes that can lead to birth defects. An experienced attorney can help parents to file a claim against the medical professionals who are responsible for their child's disabilities and acquire the justice they deserve.

Medical experts are not always able to pinpoint the causes of birth defects, but a large number can be due to environmental or chemical exposure. This may include contact by parents with toxic chemicals in the workplace, like glycol ethers and solvents used in semiconductor manufacturing, as well as agricultural chemicals for pesticides and crop spraying.

Additionally, the manufacturers and the people who prescribe prescription medications have a responsibility to warn patients of the risks. Yet, a large percentage of these drugs are sold off-label to women who are pregnant age without adequate warnings about the potential for birth defect attorneys defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

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

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