Birth Defect Litigation

Certain injuries are beyond the parents in their control. Families can be left with huge bills when these injuries require expensive procedures and special treatment.

A New York birth defect lawyer can assist parents who are stunned to file an action and receive compensation to pay for future expenses. The law has strict time limitations on when claims can be filed.

Statute of limitations

Modern technology and medical advances have made it possible to reduce the risks associated with pregnancy, childbirth and birth. However birth defects and injuries can still occur. Families should consider their legal options when they are preventable.

Many birth defect suits are founded on claims of medical malpractice. These cases can involve errors made by nurses or doctors at any point during the labor and Asheville birth defect law firm procedures. In addition, medical professionals can commit medical malpractice after the birth of a child by failing to provide the correct treatment.

Generally, the statute of limitations in these cases is 2.5 years from the date of the act of medical negligence. The time frame may be extended for infants. However, it is important to seek legal counsel early enough to ensure that all evidence has been collected and that a timely claim be filed.

In addition to medical malpractice, a suit may also be filed on behalf of an infant for south carolina birth defect lawsuit defects caused by wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can examine these claims and pursue them on behalf of the family.

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

Medical Malpractice

Birth defects can lead to a variety of physical and mental problems. Certain birth defects can cause death. Some of these issues could be caused by genetics while others are caused by environmental exposures or prescription medications used during pregnancy.

A doctor or medical professional could be convicted of malpractice if they cause birth defects by their actions or inaction. The most common cases involve medical negligence during labor or delivery. They can also include any act of failure to be in compliance with a standard of medical care, such as failing to recognize an illness or prescribing the wrong medication during pregnancy.

One such type of case is a medication known as teratogens, which could cause serious birth defects. When pregnant, doctors usually advise women to stay clear of this medication, which is utilized to treat seizures. If a pregnant woman is exposed to this drug, she should file an insurance claim.

It is important to select an attorney who is experienced in handling these kinds of cases. You should seek out an attorney who has experience in this field and operates on contingency basis, asheville birth defect law firm which means you don't pay any fees until you win. Look for an attorney who has great negotiation and communication skills. This will help to ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

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

Drug manufacturers are required to thoroughly test their products and warn consumers of any potential risks. Unfortunately, some pharmaceutical companies fail to keep up-to-date with the latest research or fail to anticipate potential adverse consequences. Certain doctors prescribe dangerous drugs to their patients. Some women are not informed about the risks of taking certain drugs while pregnant. These drugs, known as teratogens, can cause birth defects, including spina-bifida in the fetus.

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

If you decide to file a lawsuit against the parties accountable for your child's condition it is essential to gather the most evidence you can. This includes any blood tests, ultrasound images, and medical bills that arose because of the birth defect. This information can help the attorney determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting, and anxious experiences of the life of a woman. It's also a time when medical professionals can make mistakes that cause birth defects. A reputable attorney can assist parents in filing claims and getting the amount they deserve from those responsible for the handicap of their child.

Medical professionals aren't always able determine the exact cause of birth defects, but many of them can be attributed to chemical or environmental exposure. This could include contact from parents with toxic chemicals at the workplace, such as glycol ethers and solvents used in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and spraying of crops.

In addition, the manufacturer and those who prescribe prescription drugs have a responsibility to warn people of their risks. Yet, a substantial portion of these drugs are marketed off-label to women who are pregnant age without proper warnings about the possibility of birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases where birth defects are caused by exposure to toxic chemicals in the home by parents like those used in the manufacture of semiconductors or in agriculture. He is a graduate of the American University in Washington, D.C. as well as Suffolk University Law School.