Birth Defect Litigation

Some injuries are out of the parents in their control. Families could be faced with a large bill when injuries require expensive procedures and special attention.

A New York birth defect lawyer can assist parents who are stunned to file a claim and get compensation to pay for future expenses. The law has strict time limits on when claims can be filed.

Statute of limitations

Modern medical technology and advances have helped to reduce risks associated with pregnancy, childbirth and birth. villa rica birth defect lawsuit defects and injuries do continue to occur. Families must consider their legal options if they are preventable.

Many birth defect lawsuits are stemming from allegations of medical malpractice that occurred. These cases can involve mistakes committed by nurses or doctors personnel at any stage of the birth process, including labor and pregnancy. In addition medical professionals may be guilty of medical malpractice following the birth of a baby by failing to provide proper care.

Generally speaking, the time limit for these cases is generally 2.5 years from the date of the incident of medical malpractice. For infants, this period can be extended. It is important to consult a lawyer early enough to ensure that all evidence is gathered and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Lawyers specially trained in birth defects can examine these claims and pursue them on behalf of the family.

Parents should be aware of the following qualities when selecting an attorney to represent their interests in a lawsuit filed for birth defect or injury:

Medical Malpractice

Jeannette Birth Defect attorney defects can lead to an array of mental or physical issues. Some of them may even be fatal. Some of these issues are caused by genetics, while others are due to exposure to the environment or the use of prescription drugs during pregnancy.

A doctor or medical professional may be accused of negligence in the event of causing a birth defect through their actions or inaction. These cases typically involve medical negligence during labor or delivery. They also encompass any other be in compliance with a standard of medical treatment, for instance the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One example involves the teratogens. These drugs can cause serious birth defects. In the course of pregnancy, doctors generally advise women to not take this medication, which is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must file a claim.

It is vital to choose an attorney with prior experience in these types of cases. Choose a law firm that has a specialization in this area, and works on an on a contingency basis, meaning you don't have to pay any fees unless you succeed. Also, look for a lawyer with strong negotiation and communication abilities. This will help to ensure that you make your claim in time before the time limit expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities, which require expensive medical care and accommodations for the child. Often, these conditions are genetic, however some can be caused by chemical or environmental exposure, or the medications the mother was taking during pregnancy.

Drug manufacturers are required to test their products correctly and inform the public of the potential dangers. Unfortunately certain pharmaceutical companies fail to keep up with the latest research or anticipate the potential adverse effects. Some doctors recommend dangerous drugs to their patients. Moreover, some women are not aware of the dangers associated with taking certain medications while pregnant. These drugs are known as teratogens and can cause birth defects in the fetus, including spina Bifida.

Other substances that may cause birth defects include chemicals used in manufacturing and agriculture and heavy metals such as mercury that are contaminating groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and substances that can affect their reproductive health and lead to birth defects.

If you decide to file an action against the parties accountable for your child's condition, it is important to gather as much evidence as possible. Included in this are any ultrasound images or blood tests, as well as medical bills that are incurred as a result. This will help the attorney determine the financial 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 can make mistakes that could cause birth defects. A top attorney can assist parents in submitting an action and obtaining the compensation they deserve from those responsible for the disability of their child.

Medical professionals aren't always able determine the exact cause of birth defects, however many of them can be due to environmental or chemical exposure. This can include exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for crop spraying and pesticides.

The pharmaceutical companies and those who prescribe medication must also warn people about the dangers. Yet, a large percentage of these drugs are offered off-label to women who are pregnant age, without warnings about the risk of birth defects. This is particularly applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases where birth defects result from exposure to toxic chemicals in the home by parents like those employed in the manufacture of semiconductors or in agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.