Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur beyond their control. Families can be left with a large bill when injuries require expensive procedures and specialized care.

A New York birth defect attorney can assist parents in shock file an action to receive compensation for future expenses. However, the law has strict deadlines on when a claim needs to be filed.

Statute of limitations

Modern technology and medical advances have aided in reducing the risks that are associated with childbirth, pregnancy and birth. However birth defects and injuries can still occur. Families need to explore their legal options if they are preventable.

Many birth defect suits are based on accusations of medical malpractice. These lawsuits can result from mistakes made by nurses or doctors staff at any time during labor, birth and pregnancy. In addition medical professionals could be guilty of medical malpractice following the east moline birth defect lawsuit of a baby if they fail to provide proper treatment.

Generally, the statute of limitations in these cases is 2.5 years from the date of the occurrence of medical malpractice. For infants, the time period can be extended. It is crucial to consult a lawyer early enough to ensure that all the evidence is collected, and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained rock springs birth defect lawyer defect lawyers can investigate and pursue these claims on behalf of the family.

Parents should think about the following characteristics when choosing an attorney to represent them in a suit for birth defects or birth injuries:

Medical Malpractice

Birth defects can trigger numerous mental or physical issues. Certain birth defects could cause death. Some of these problems are caused by genetics, while others are caused by exposure to environmental factors or the use of prescription drugs during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects due to 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 in excess of a medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One example of case involves a medication called teratogens. This medication can cause birth defects that are serious. During pregnancy, doctors usually advise women to not take this medication, which is used in the treatment of seizures. If the woman is exposed to the drug then she should submit a claim.

It is essential to select an attorney who is experienced in handling these kinds of cases. It is best to choose a firm that has experience in this field and works on contingency, so you won't be charged nothing until you win. Find an attorney who has an excellent ability to communicate and negotiate. This will help ensure that you submit your claim before the statute of limitation expires.

Prescription Drugs

A lot of birth defects can cause physical or mental disabilities, that require expensive medical treatment and accommodations for the child. Often, these conditions are genetic, however some can be caused by environmental or chemical exposure, or the medications the mother took during pregnancy.

Pharmaceutical manufacturers are required to test their products correctly and inform the public of any potential dangers. Unfortunately certain pharmaceutical companies fail to keep up with the latest research or fail to anticipate possible adverse effects. Certain doctors prescribe dangerous drugs to their patients, and some women are not aware of the risks of taking certain medications while pregnant. These drugs, also known as teratogens, can cause birth defects such as spina-bifida that can occur in the fetus.

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

It is crucial to gather as the evidence you can before filing a lawsuit against the responsible parties. Included in this are ultrasound images as well as blood tests and medical bills that are incurred as a result. This information assists the attorney to determine the value of the case.

Product Liability

Pregnancy is among the most exciting, and stressful experiences in women's lives. It's also a time when medical professionals make mistakes that result in birth defects. A top lawyer can help parents bring a lawsuit against those responsible for their child's disability and get the amount of compensation they deserve.

Although the causes of birth defects are often unknown to medical professionals but a large proportion of birth defects can be linked to exposure to chemicals or environmental causes. This can be due to exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.

Manufacturers and those who prescribe medications must also warn the public about the risks. A large portion of these medications are sold to women who are expecting without warnings of the possibility of birth defects. This is especially the case with 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 concentrates his practice on cases where birth defects result from exposure of parents to toxic chemicals, such as those employed in semiconductor manufacturing or agricultural. He graduated from American University in Washington, D.C. and Suffolk University Law School.