An Birth Defect Legal Success Story You'll Never Imagine

Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur outside of their control. When injuries require specialized care and costly procedures, it could cause families to incur huge costs.

A New York birth defect lawyer can help stunned parents file a claim and get compensation to cover future costs. However, the law imposes strict deadlines on the time a claim has to be filed.

Statute of limitations

Modern medical technology and advancements in medical science have reduced the risks related to pregnancy, childbirth and birth. Birth defects and injuries do continue to occur. When they are preventable, families need to explore their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors personnel at any stage of pregnancy, labor and birth. Additionally medical professionals may be guilty of medical malpractice following the birth of a child in the event that they fail to provide proper treatment.

In general, the statutes of limitations in these cases are 2.5 years from the date of the medical malpractice. For infants, the time can be extended. It is essential to talk with a lawyer early enough to ensure that all evidence is collected, and that a timely complaint be filed.

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

Parents should think about 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 cause numerous mental or physical ailments. Some of them can be fatal. Some of these issues are inherited, whereas others are caused by exposure to environmental factors or the usage of prescribed drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects through their actions or inaction. The majority of these cases are due to medical negligence during labor or delivery. However, they can also be a result of any action or failure to act in excess of a medical standard of care, for instance, Birth Defect Lawsuits failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One example is involving the teratogens. These drugs can cause birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug it is recommended that she make an insurance claim.

It is important that you choose an attorney with experience in these types of cases. Find a firm that is experienced in this area and operates on an on a contingency basis, meaning you won’t have to pay a dime unless you are successful. Choose an attorney with excellent communication and negotiation skills. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities, that require expensive medical treatment and accommodations for the child. Most often, these disorders are genetically inherited, but some of them can be caused by environmental or chemical exposure or medication that the mother was taking during pregnancy.

Pharmaceutical companies are required to test their products thoroughly and inform the public about any risks that could be present. Unfortunately some pharmaceutical companies don’t keep up with the latest research or fail to anticipate potential side consequences. Some doctors prescribe dangerous drugs to their patients. Some women are not informed about the risks of using certain drugs during pregnancy. These drugs, also known as teratogens can cause birth defects, including spina-bifida in the fetus.

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

When filing an action against the parties who are responsible for your child’s illness it is essential to gather the most evidence you can. Included in this are ultrasound images or blood tests, as well as medical bills that are incurred due to. This information can help attorneys determine the worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful moments in a woman’s life. But it’s also a period when many medical professionals make mistakes that can cause birth defects. An experienced attorney can assist parents make a claim against those responsible for their child’s disability and get the amount of compensation they deserve.

Medical experts aren’t always able determine the root of birth defects, however the majority of them can be caused by environmental or chemical exposure. This could include contact from parents with toxic chemicals in the workplace, such as glycol ethers and solvents used in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as spraying on crops.

The pharmaceutical companies and those who prescribe medicines are also obliged to inform the public about the risks. However, a significant portion of these drugs are marketed off-label to 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, 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 defect lawsuit defects result from exposure of parents to toxic chemicals such as those employed in semiconductor manufacturing or agricultural. He graduated from the American University in Washington, D.C. and Suffolk University Law School.