indianapolis birth defect attorney Defect Litigation

Some injuries are beyond the parents' control. When injuries require specialized treatment and costly procedures, it can result in huge costs for families.

A New York birth defect lawyer can assist parents in filing an action and receive compensation to cover the cost of future expenses. The law has strict time limitations on when claims can be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks of childbirth and pregnancy. However zebulon birth defect lawsuit defects and injuries can still occur. Families must consider their legal options when they can be prevented.

Many birth defect suits are founded on allegations of medical malpractice that occurred. These cases may involve mistakes committed by nurses or doctors at any point during the labor and delivery processes. In addition medical professionals may be guilty of medical malpractice after the birth of a child, by failing to provide proper treatment.

In general the statute of limitations in these cases is 2.5 years after the date of the medical negligence. For infants, this time is sometimes extended. It is important to consult an attorney early enough to ensure that all evidence is gathered, and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defects lawyers are able to investigate the claims and then prosecute them on behalf of the family.

Parents should take into consideration the following qualities when selecting an attorney to represent them in a lawsuit for birth defect or injury:

Medical Malpractice

Birth defects can trigger numerous mental or physical problems. Some of them can be fatal. Some of these problems are inherited, whereas others are caused by environmental exposures or the use of prescription medications during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects due to their actions or inaction. These cases typically are based on medical negligence in labor or delivery. However, they could also include any act or failure to act that falls short of a medical standard of care, like failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One example of this type of situation is a drug called teratogens, which can cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug then she must submit an insurance claim.

It is crucial to select an attorney with expertise in these kinds of cases. Choose a law firm that is experienced in this area, and works on an on a contingency basis, meaning you don't pay anything unless you are successful. Also, you should look for firm an attorney who has strong communication and negotiation skills. This will help ensure that you file your claim before the time for filing expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities, which require expensive medical care and accommodations for the child. These conditions are often caused by genetics, but can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Drug manufacturers are required to test their products thoroughly and warn consumers about any potential risks. Unfortunately some pharmaceutical companies do not keep up to date with the latest research or fail to anticipate potential adverse consequences. Some doctors prescribe dangerous drugs to their patients. Moreover, some women aren't aware of the dangers associated with taking certain medications while pregnant. These drugs, referred to as teratogens can cause birth defects, such as spina-bifida, in the fetus.

Other substances that can cause birth defects include chemicals that are used in manufacturing and agriculture and heavy metals, like mercury, which are contaminating the groundwater or the air. Diane Paolicelli's legal profession has been focused on fighting powerful corporations who expose women to toxic chemicals and substances that can cause harm to their reproductive health and lead to birth defects.

If you decide to file lawsuits against the parties who are responsible for your child's illness it is crucial to gather the most evidence you can. Included in this are any ultrasound images as well as blood tests and medical bills that are incurred as a result. This assists the attorney in determining the monetary value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking events in a woman's lifetime. It's also a time where many medical professionals can make mistakes that cause birth defects. A top attorney can assist parents in filing an action and obtaining the compensation they deserve from those responsible for the handicap of their child.

Medical experts aren't always able to pinpoint the specific cause of birth defects, but most of them can be due to environmental or chemical exposure. This can include parental exposure to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying for crops and pesticides.

The manufacturers and the people who prescribe medicines must also warn the public about the risks. A majority of these drugs are marketed to women who are pregnant, without warnings about the risk of birth defect. This is particularly applicable to 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 concentrates his practice on cases involving the development of birth defects due to exposure of parents to toxic chemicals such as those used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.