Birth Defect Litigation

Some injuries are beyond the parents of their control. Families can be left with huge debts when these injuries require costly procedures and specialized care.

A New York birth defect lawyer - gigatree.eu - can assist parents in filing a claim and get compensation to cover the cost of future expenses. The law has strict time limitations on when a claim can be filed.

Statute of Limitations

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

Many birth defect suits are founded on accusations of medical malpractice. These cases could involve mistakes made by doctors or nurses at any time during the birth, labor and delivery procedures. Additionally, medical professionals can commit medical malpractice after the birth of a child, when they fail to provide the correct treatment.

Generally speaking, the time-limit for these cases is generally 2.5 years from the date of the act of medical negligence. This time period is extended for infants. It is crucial to consult an attorney early enough to ensure that all the evidence is collected, and that a timely complaint can be filed.

In addition to medical malpractice, a suit can also be brought on behalf of a baby for birth defects resulting from improper toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

When choosing an attorney for a birth injury or defect lawsuit parents should look for the following qualities:

Medical Malpractice

Birth defects can cause a wide range of mental or physical problems. Some of them can be fatal. Some of these problems may be caused by genetics while others are triggered by exposure to the environment or prescription drugs taken during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defects as a result of their actions or inaction. These cases are usually based on medical negligence in delivery or labor. They also encompass any other do something that is below the standard of medical care, like the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One of these cases involves teratogens. These drugs can cause birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug she must make an insurance claim.

It is crucial to select an attorney who has experience in handling these types of cases. Look for a law firm that is specialized in this area and works on an hourly basis, which means you don't pay anything unless you succeed. Also, look for a lawyer with strong communication and negotiation skills. This will help ensure that you file your claim before the time limit expires.

Prescription Drugs

A variety of birth defects cause physical or mental disabilities that require costly medical treatment and accommodations for the child. These disorders are usually caused by genetics, but can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Drug manufacturers have an obligation to adequately test their products and warn consumers about any risks. Unfortunately many pharmaceutical companies fail to keep up with research or anticipate potential side consequences. Certain doctors prescribe dangerous medications to their patients. Moreover, some women are not informed about the risks of using certain drugs during pregnancy. These drugs, referred to as teratogens may cause birth defects, like spina-bifida, which is a birth defect in the fe.

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 pollute groundwater and air. Diane Paolicelli's legal career is focused on fighting powerful corporations who expose women to toxic chemicals and substances that may affect their reproductive health or lead to birth defects.

It is crucial to gather as many evidences as you can prior to filing a suit against the parties responsible. This includes any ultrasound images, blood tests and medical bills that came up as a result of the birth defect. This will help the attorney determine the monetary value of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxiety-inducing experiences in the life of a woman. But it's also a period where many medical professionals make mistakes that could cause birth defects. An experienced attorney can help parents in filing claims and getting the compensation they deserve against those who are responsible for the impairment of their child.

Medical experts are not always able determine the root of birth defects, but most of them can be attributed to chemical or environmental 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 spraying for crops and pesticides.

Additionally, the manufacturers and those who prescribe prescription drugs are required to inform consumers of the dangers. However, a lot of these medications are sold off-label to women of childbearing age, without warnings about the risk 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 involving the development of birth defects resulting from parental exposure to toxic chemicals such as those used in semiconductor manufacturing as well as agriculture. He is a graduate from the American University in Washington, D.C. and Suffolk University Law School.