Birth Defect Litigation

Some injuries are beyond the parents' control. Families can be left with huge debts when these injuries require costly procedures and special attention.

A New York birth defect attorney can help parents who are shocked to file an action to receive compensation for future expenses. However, the law has strict deadlines for when a claim must be filed.

Statute of Limitations

Modern technology and medical advancements have aided in reducing the risks that are associated with childbirth, pregnancy and birth. However caruthersville birth defect lawsuit defects and injuries can still occur. When they are preventable, families must consider their legal options.

Many birth defect suits are made on the basis of allegations that medical malpractice occurred. These lawsuits can be based on mistakes made by nurses or doctors at any point in the labor and birth processes. Additionally, medical professionals can commit medical malpractice after the birth of a child in the event that they fail to provide proper treatment.

Generally speaking, the time-limit for these cases is 2.5 years from when the act was committed of medical negligence. For infants, this time period may be extended. It is essential to talk with an attorney whenever you can to ensure that all evidence is collected, and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects caused by wrongful toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can examine these claims and prosecute them on behalf of the family.

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

Medical Malpractice

Birth defects can cause various mental and physical problems. Some birth defects can be fatal. Some of these issues are genetic, but others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects through their actions or inaction. These cases typically involve medical negligence during labor or delivery. However, they can comprise any act or failure to act in excess of a medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One such case involves Teratogens. These medications can lead to serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug then she must make an action.

It is crucial to select an attorney who has handled these kinds of cases. You should look for an attorney with expertise in this area and works on contingency, so you don't have to pay anything until you are successful. Look for an attorney with outstanding negotiation and communication skills. This will help ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

A variety of birth defects cause mental or physical disabilities that require expensive 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 by medications taken by the mother during pregnancy.

Drug manufacturers are required to thoroughly test their products and warn consumers about any potential risks. Unfortunately, some pharmaceutical companies fail to keep up-to-date with current research or fail to anticipate potential adverse effects. Additionally, doctors can prescribe dangerous medicines to their patients, and some women do not have adequate information about the risks of taking certain medications during pregnancy. These drugs, also known as teratogens, may cause birth defects such as spina-bifida, which is a sterling heights birth defect lawsuit defect in the fe.

Other substances that could cause birth defects are chemicals used in agriculture and manufacturing, as well as heavy metals like mercury, which are contaminating the groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and substances that could damage their reproductive health and cause birth defects.

It is crucial to gather as the evidence you can before filing a lawsuit against the parties accountable. This includes ultrasound images, blood tests, and medical bills that arose due to the birth defect. This information will help the attorney determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting and nerve-wracking experiences in a woman's lifetime. But it's also a time when medical professionals can make mistakes that can lead to birth defects. A reputable attorney can assist parents in filing an appeal and gaining the amount they deserve from those who are responsible for the impairment of their child.

While the causes of birth defects are often unknown to medical experts however, many of them can be attributed to exposure to chemicals or environmental causes. This could include contact from parents with toxic chemicals at the workplace, like glycolethers and solvents utilized in semiconductor manufacturing, and chemical pesticides used in agriculture and spraying on crops.

In addition, manufacturers and the people who prescribe prescription medications have a responsibility to inform consumers of the dangers. Yet, a large percentage of these drugs are sold off-label to women of childbearing age without proper warnings about the potential for 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 defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects are caused by parental exposure to toxic chemical like those employed in semiconductor manufacturing or farming. He graduated of the American University in Washington, D.C., and Suffolk University Law School.