Birth Defect Litigation

Some injuries are beyond the parents in their control. If these injuries require special medical attention and expensive procedures, it could result in huge costs for families.

A New York birth defect lawyer can assist parents who are shocked to file claims and receive compensation to cover future costs. The law has strict time limits on when a claim may be filed.

Statute of limitations

Modern medical technology and advances have helped to reduce risks related to pregnancy, childbirth and birth. However, birth defects and injuries do occur. If they're preventable, families must explore their legal options.

Many birth defect lawsuits are founded on claims of medical malpractice. These cases can involve mistakes made by nurses or doctors staff at any kings point birth defect law Firm during labor, pregnancy and birth. In addition medical professionals can be guilty of medical malpractice following a child's birth when they fail to provide the proper treatment.

Generally, the time limit for these cases is 2.5 years from the date of the incident of medical malpractice. This time period can be extended for infants. However, it is important to seek legal advice early enough to ensure that all evidence has been collected and that a timely claim be filed.

A lawsuit can be filed on behalf of a child to claim birth defects that are caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

Parents should consider the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth defect or injury:

Medical Malpractice

Birth defects can trigger many mental or physical ailments. Certain birth defects can cause death. Some of these issues are inherited, whereas others are due to environmental exposures or the use of prescribed drugs during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects due to their actions or inaction. These cases are usually based on medical negligence in delivery or labor. However, they can include any act or failure to act that is not in the range of a medical standard of care, like not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One example involves the teratogens. These medications can cause birth defects that are serious. During pregnancy, doctors usually advise women to not take this medication, which is used to treat seizures. If a woman is exposed to the drug, she must make a claim.

It is crucial to select an attorney with experience in these types of cases. You should look for a firm that has extensive experience in this field. It also operates on contingency basis, which means you won't be charged any fees until you win. Also, you should look for a lawyer who has excellent communication and negotiation abilities. This will help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities, that require expensive medical treatment and accommodations for the child. Often, these conditions are genetically inherited, but some of them are caused by chemical or environmental exposure, or by medications the mother consumed during pregnancy.

Pharmaceutical manufacturers are required to test their products correctly and inform the public of any potential dangers. Unfortunately some pharmaceutical companies do not keep up to date with the latest research or fail to anticipate potential adverse consequences. Some doctors prescribe dangerous drugs to their patients. Moreover, some women are not aware of the risks associated with taking certain medications while pregnant. These are known as teratogens. They can cause birth defects within the fetus. This includes spina bifida.

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

It is essential to gather as much evidence as you can before filing a lawsuit against the parties accountable. Included in this are ultrasound images, blood tests, and medical bills incurred as a result. This allows the attorney to determine the monetary value of the case.

Product Liability

Pregnancy is among the most exciting, but stressful experiences in women's lives. But it's also a time when many medical professionals make mistakes that could cause leavenworth birth defect lawsuit defects. An experienced attorney can help parents file a claim against those responsible for their child's disability and obtain the justice they deserve.

Although the causes of birth defects are often unknown to medical professionals but a large proportion of birth defects are linked with exposure to chemicals or the environment. This may include contact by parents with toxic chemicals in the workplace, such as glycol ethers and solvents used in semiconductor manufacturing, as well as agricultural chemicals for pesticides and crop spraying.

The pharmaceutical companies and those who prescribe medicines must also inform the public about their risks. Yet, a large percentage of these medications are sold off-label to women who are pregnant age without warnings regarding the potential for birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where tiburon birth defect law firm defects result from exposure to toxic chemicals by parents such as those used in semiconductor manufacturing or farming. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.