Birth Defect Litigation

Some injuries are out of the parents or their control. Families may be left with huge debts when these injuries require expensive procedures and special care.

A New York florence Birth Defect lawsuit defect attorney can assist parents who are grieving and file an appeal to be compensated for future expenses. However, the law places strict time limitations on when a claim must be filed.

Statute of Limitations

Modern technology and medical advances have reduced the risks associated with childbirth, pregnancy and birth. Birth defects and injuries persist. When they are preventable, families must consider their legal options.

Many bellevue birth defect lawyer defect lawsuits are stemming from claims of medical malpractice. These cases can involve errors committed by nurses or doctors at any time during pregnancy, labor and delivery procedures. Medical professionals can also commit malpractice after the birth of a baby by failing to provide the correct treatment.

In general the statute of limitation for these cases are 2.5 years after the date of the medical error. This time period is extended for infants. It is important to consult a lawyer whenever you can to ensure that all the evidence is gathered, 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 resulting from improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

Parents should think about the following qualities when selecting an attorney to represent them in a suit for birth injury or defect:

Medical Malpractice

Birth defects can trigger many mental or physical problems. Some of them may even be fatal. Some of these issues are genetic, but others are caused by exposure to the environment or the use of prescribed drugs during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects by their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they could also comprise any act or failure to act that is not in the range of a medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One example involves teratogens. These drugs can result in serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug then she must submit an action.

It is important to select an attorney who has handled these types of cases. You should choose an attorney who has years of experience in this field and is based on contingency, meaning that you don't pay nothing until you win. Also, you should look for a lawyer with strong communication and negotiation abilities. This will help to ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require costly medical treatment and accommodations for the child. Most often, these disorders are inherited, but a few of them may be caused by chemical or environmental exposure, or by medications the mother took during pregnancy.

Drug manufacturers are required to test their products correctly and inform the public of any potential dangers. Sadly many pharmaceutical companies fail to keep up with the latest research or anticipate potential side effects. Some doctors prescribe dangerous drugs to their patients and some women are not informed about the dangers associated with taking certain medications while pregnant. These are known as teratogens, and they could cause birth defects in the fetus, such as spina bifida.

Other substances that may cause birth defects are chemicals used in agriculture and manufacturing, as well as heavy metals, like mercury, which are contaminating the groundwater or air. Diane Paolicelli's legal career is dedicated to fighting powerful corporations who expose women to toxic chemicals and substances that could harm their reproductive health or cause birth defects.

It is important to collect as many evidences as you can prior to filing a lawsuit against the parties responsible. Included in this are ultrasound images as well as blood tests and medical bills that are incurred as a result. This will help the attorney determine the monetary worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking experiences a woman can go through in her life. But it's also a period where medical professionals often make mistakes that can cause birth defects. A top attorney can assist parents in filing an action and obtaining the money they deserve from those responsible for the handicap of their child.

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

The pharmaceutical companies and those who prescribe medication are also obliged to inform people about the dangers. However, a significant portion of these drugs are offered off-label to women who are pregnant age, without warnings about the risk of birth defects. This is particularly relevant 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 focuses his practice on cases involving the development of birth defects resulting from exposure of parents to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He graduated of the American University in Washington, D.C. and Suffolk University Law School.