Birth Defect Litigation

Some injuries are beyond the parents or their control. When these injuries require special care and costly procedures, it can leave families with huge expenses.

A New York birth defect lawyer (web018.Dmonster.kr) can assist parents who are stunned to file a claim and get compensation to cover future expenses. However, the law imposes strict deadlines for when a claim must be filed.

Statute of limitations

Modern medical technology and advances have reduced the risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries remain a possibility. If they're preventable, families must explore their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice that occurred. These lawsuits can be based on mistakes made by doctors or nurses at any time during the labor and birth procedures. Medical professionals may also be negligent after the birth of a child if they fail provide proper treatment.

In general the statute of limitations for these cases is 2.5 years after the date of the medical mistake. For infants this can be extended. However, it is important to seek legal counsel as soon as possible to ensure that all evidence is gathered and that a timely claim be filed.

A lawsuit can be filed on behalf of a baby for birth defects that are caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

Parents should take into consideration the following factors when choosing an attorney to represent them in a suit for birth defects or birth injuries:

Medical Malpractice

Birth defects can lead to various mental and physical problems. Certain birth defects can be fatal. 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 could be convicted of malpractice when they cause birth defects through their actions or inaction. The most common cases involve medical negligence during labor or delivery. They may also involve any act which falls below a standard of medical care, like failing to recognize an illness or prescribing incorrect medication during pregnancy.

One example of situation involves a drug known as teratogens, which could cause serious birth defects. During pregnancy, doctors typically advise women to stay clear of this medication, which is commonly used in the treatment of seizures. If an individual is exposed to the drug she must file an action.

It is important that you select an attorney who has experience in these types of cases. It is best to choose an attorney with experience in this field and is on contingency, which means you won't be charged any fees until you win. Also, you should look for a lawyer who has excellent negotiation and communication skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

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

Drug manufacturers are required to test their products properly and warn the public of any potential risks. Sadly certain pharmaceutical companies fail to keep up with research or anticipate potential side consequences. Some doctors recommend dangerous drugs to their patients, and some women are not informed about the risks associated with using certain drugs during pregnancy. These drugs are referred to as teratogens and could cause birth defects in the fetus, such as spina Bifida.

Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury, which affect groundwater or the air. Diane Paolicelli's career in law has been focused on fighting powerful corporations that expose women to toxic chemicals and substances that may harm their reproductive health or lead to birth defects.

When bringing lawsuits against the people that are accountable for your child's health it is essential to gather the most evidence you can. Included in this are any ultrasound images and blood tests as well as medical bills incurred as a result. This information helps the attorney assess the value of the case.

Product Liability

Pregnancy is among the most exciting, and anxiety-inducing experiences in women's lives. But it's also a period where medical professionals often make mistakes that could lead to birth defects. An experienced attorney can help parents make a claim against those responsible for their child's disability and acquire the amount of compensation they deserve.

While the causes of birth defects are usually not understood by medical professionals however, many of them are linked to environmental or chemical exposure. This can include parental contact with toxic chemicals in the workplace, such as glycolethers and solvents utilized in semiconductor manufacturing as well as agricultural chemicals for pesticides and spraying crops.

Manufacturers and those who prescribe medicines are also required to inform the public about the risks. Yet, a substantial portion of these drugs are offered off-label for women of childbearing age without adequate warnings about 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 defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects are caused by parental exposure to toxic chemical, such as those used in semiconductor manufacturing or agricultural. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.