Birth Defect Litigation

Some injuries are out of the parents' control. Families can be left with a huge bill when injuries require expensive procedures and special attention.

A New York birth defect attorney can assist parents who are shocked to file a claim to get compensation for future expenses. The law has strict time limits on when a claim can be filed.

Statute of limitations

Modern technology and medical advances have aided in reducing the risks related to pregnancy, birth defects childbirth and birth defect lawyer. However birth defects and injuries do occur. Families should consider their legal options if they are preventable.

Many birth defect lawsuits are based on allegations that medical malpractice occurred. These cases may involve errors made by doctors or nursing staff at any stage of the birth process, including labor and pregnancy. Additionally medical professionals can be guilty of medical malpractice following the birth of a baby when they fail to provide proper treatment.

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

A lawsuit may be filed on behalf of a baby for birth defects that are caused by toxic and chemical exposures during pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

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

A doctor or medical professional could be accused of malpractice when they cause birth defects as a result of their actions or inaction. These cases are usually based on medical negligence during labor or delivery. They can also include any act of failure to do something that is below the standard of medical care, for example, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One example involves teratogens. These drugs can result in birth defects that are serious. In the course of pregnancy, doctors generally advise women to not take this medication, which is utilized to treat seizures. If the woman is exposed to the drug she must make a claim.

It is important that you choose an attorney with experience in these types of cases. You should seek out an attorney with extensive experience in this field. It also is based on contingency, meaning that you won't have to pay anything until you win. Also, search for an attorney with excellent negotiation and communication skills. This will help to ensure that you submit your claim before the time limit expires.

Prescription Drugs

A lot of birth defects can cause physical or mental disabilities, which require expensive medical care and accommodations for the child. Often, these conditions are inherited, but a few of them are caused by environmental or chemical exposure or medication that the mother consumed during pregnancy.

Drug manufacturers have an obligation to adequately test their products and inform consumers of any risks. Sadly certain pharmaceutical companies fail to keep up with research or anticipate potential side effects. Certain doctors prescribe dangerous drugs to their patients. Moreover, some women are not informed about the dangers associated with taking certain medications while pregnant. These medications, also known as teratogens, can cause birth defects, including spina-bifida that can occur in the fetus.

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

It is important to collect as much evidence as you can prior to making a claim against the parties responsible. This includes ultrasound images, blood tests and medical bills that came up because of the birth defect. This information will help the attorney determine the worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking times in a woman's life. But it's also a time when many medical professionals make mistakes that can cause birth defects. A top attorney can assist parents in filing an appeal and gaining the compensation they deserve against those responsible for the disability of their child.

Medical professionals aren't always able to determine the causes of birth defects, however the majority of them can be caused by environmental or chemical exposure. This could include exposure of parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.

Additionally, the manufacturers and the people who prescribe prescription medications have a responsibility to inform people about the risks. A large number of these medications are sold to women who are pregnant, without warnings about the risk of birth defect. This is especially true for birth defects antidepressants like 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 involving the occurrence of birth defects due to exposure of parents to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.