birth defect attorney Defect Litigation

Certain injuries are beyond the parents' control. If injuries that result from these accidents require special treatment and costly procedures, it can cause families to incur huge costs.

A New York birth defect lawyer can assist parents in filing a claim and get compensation to cover future costs. The law has strict time limits on when a claim can be filed.

Statute of Limitations

Modern technology and medical advancements have reduced the risks related to pregnancy, childbirth and birth. However birth defects and injuries continue to occur. If they're preventable, families must explore their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases can involve mistakes made by doctors or nursing staff at any time during labor, pregnancy and birth. Additionally, medical professionals can commit medical malpractice after a child's birth if they fail to provide the proper treatment.

In general the statute of limitations for these cases are 2.5 years after the date of the medical negligence. The time frame can be extended to infants. It is important to consult a lawyer as soon as you can to ensure that all the evidence is collected and that a timely complaint be filed.

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

When selecting an attorney for a birth defect or birth injury lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can lead to a variety of physical and mental problems. Some of them can be fatal. Certain of these problems could be caused by genetics while others are triggered by exposure to environmental factors or prescription medications taken during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects due to their actions or inaction. These cases are usually based on medical negligence during labor or delivery. However, they may also include any act or failure to act that is in violation of a medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One such type of situation is a drug known as teratogens, which could cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug then she must submit a claim.

It is vital to choose an attorney with expertise in these kinds of cases. It is best to choose a firm that has extensive experience in this field. It also operates on contingency basis, which means you won't be charged anything until you win. Look for an attorney with excellent communication and negotiation skills. This will help to ensure that you file your claim before the time limit expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities which require costly medical care and accommodations for the child. Often, these conditions are inherited, but a few of them are caused by chemical or environmental exposure, or medications that the mother took while pregnant.

Pharmaceutical manufacturers are required to test their products thoroughly and inform the public of any potential dangers. Unfortunately certain pharmaceutical companies fail to keep up with the latest research or anticipate possible side consequences. Certain doctors prescribe dangerous medications to their patients and some women are not informed about the dangers associated with using certain drugs during pregnancy. These drugs, referred to as teratogens may cause birth defects, like spina-bifida, in the fetus.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury which affect groundwater or the air. Diane Paolicelli's legal career is dedicated to fighting powerful corporations who expose women to toxic chemicals and substances that may affect their reproductive health or cause birth defects.

It is crucial to collect as the evidence you can prior to making a claim against the parties accountable. This includes blood tests, ultrasound images and medical bills that arose due to the birth defect. This allows the attorney to determine the value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful experiences a woman can go through in her life. But it's also a period when many medical professionals make mistakes that could lead to birth defects. A top attorney can help parents file a claim against those responsible for their child's condition and obtain the compensation they deserve.

Medical professionals aren't always able to determine the causes of birth defects, however a large number can be caused by environmental or chemical exposure. This could be due to contact by parents with toxic chemicals in the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing and agricultural chemicals used for pesticides as well as spraying on crops.

The manufacturers and the people who prescribe medicines are also obliged to warn the public about the risks. A large portion of these drugs are offered to women who are expecting without warnings about the possibility of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects are caused by parental exposure to toxic chemical such as those employed in semiconductor manufacturing or agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.