Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur out of their control. If injuries that result from these accidents require special treatment and costly procedures, it could cause families to be faced with massive costs.

A New York livingston birth defect attorney defect lawyer can assist parents in filing an appeal and obtain 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 made it possible to reduce the risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries continue to occur. Families need to consider their legal options when they can be prevented.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors at any time during labor and delivery processes. Medical professionals can also be negligent after the birth of a child when they fail to provide the proper treatment.

Generally speaking, the time-limit for these cases is 2.5 years from the date of the occurrence of medical malpractice. This time frame can be extended for infants. It is crucial to consult an attorney as soon as you can to ensure that all the evidence is collected, and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects resulting from improper exposure to chemicals and toxic substances that occur during the mother’s pregnancy. Specially trained birth defect lawyers are able to investigate these claims and bring them to trial on behalf of the family.

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

Medical Malpractice

Birth defects can trigger an array of mental or physical problems. Some birth defects can be fatal. Some of these problems are inherited, whereas others are caused by exposure to environmental factors or the usage of prescription medications during pregnancy.

A doctor or medical professional may be accused of negligence in the event of causing birth defects through their actions or inaction. These cases usually involve medical negligence during labor or delivery. However, they can include any act or failure to act that falls short of a medical standard of care, such as failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One such type of situation involves a drug called teratogens, which can cause birth defects that are serious. During pregnancy, doctors typically recommend women not to take this medication, which is commonly used to treat seizures. If a pregnant woman is exposed to this drug, she should file an insurance claim.

It is crucial to select an attorney who has experience in handling these kinds of cases. You should seek out an attorney with extensive experience in this field. It also works on contingency, so you won’t be charged anything until you are successful. Look for an attorney with an excellent ability to communicate and negotiate. This will ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, that require costly medical treatment and accommodations for the child. Most often, these disorders are inherited, but a few can be caused by chemical or environmental exposure, or the medications the mother consumed during pregnancy.

Drug manufacturers have an obligation to thoroughly test their products and inform consumers of any potential risks. Sadly, some pharmaceutical companies do not keep up with research or anticipate possible side effects. In addition, doctors can prescribe dangerous medications to their patients and women may not receive the correct information regarding the risks associated with taking certain drugs during pregnancy. These drugs are known as teratogens. They can cause birth defects in the fetus, such as spina bifida.

Other substances that could cause birth defects include chemicals used in manufacturing and agriculture as well as heavy metals, like mercury, which are contaminating the groundwater and air. Diane Paolicelli’s legal profession has been focused on combating powerful corporations that expose women to harmful chemicals and substances that could cause harm to their reproductive health and lead to birth defects.

If you decide to file lawsuits against the parties responsible for your child’s condition it is essential to gather the most evidence you can. This includes any ultrasound scans, blood tests and medical bills incurred because of the birth defect. This allows the attorney to determine the monetary worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxiety-inducing experiences in women’s lives. It’s also the time that many medical professionals can make mistakes that can lead to birth defects. An experienced attorney can help parents in filing claims and getting the money they deserve from the people responsible for the disabilities of their child.

Medical professionals aren’t always able determine the exact cause of birth defects, however most of them can be attributable to environmental or chemical exposure. This may include contact by parents with toxic chemicals in the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as crop spraying.

In addition, the manufacturer and those who prescribe prescription medications are required to inform patients of the risks. Yet, a large percentage of these drugs are sold off-label to women of childbearing age without adequate warnings about the potential for birth defects. This is especially true for antidepressants like 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 focuses his practice on cases where Elmsford Birth Defect Lawyer defects are caused by exposure to toxic chemicals by parents such as those that are used in semiconductor manufacturing or agricultural. He graduated from American University in Washington, D.C. and Suffolk University Law School.

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