Birth Defect Litigation

Parents want perfect babies, but some injuries happen outside of their control. When injuries require specialized treatment and costly procedures, it can leave families with huge expenses.

A New York birth defect lawyer can assist parents in filing an appeal and obtain compensation to cover future expenses. However, the law places strict deadlines on the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advances have aided in reducing the risks associated with childbirth, pregnancy and birth. Birth defects and injuries do remain a possibility. If they're preventable families need to explore their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can result from mistakes made by nurses or doctors personnel at any stage of pregnancy, labor and birth. In addition medical professionals may be guilty of medical malpractice following a child's birth if they fail to provide the proper treatment.

Generally, the time limit for these cases is generally 2.5 years from the date of the occurrence of medical malpractice. For infants, this time is sometimes extended. It is nevertheless important to seek legal advice as soon as possible to ensure that all evidence is collected and that a timely claim be filed.

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

When selecting an attorney for a birth injury or defect lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can cause a variety of mental and physical ailments. Some birth defects can cause death. Certain of these problems could be genetic, while others are caused through exposure to the environment or prescription medications used during pregnancy.

A medical professional or doctor could be accused of misconduct if they cause birth defects due to their actions or inaction. Most cases involve medical negligence during the birth or labor process. They also encompass any perform a task that is not within the standard of medical treatment, for instance the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One of these cases involves Teratogens. These medications can cause birth defects that are serious. When pregnant, doctors usually advise women to avoid taking this medication, which is utilized in the treatment of seizures. If the woman is exposed to the drug she must submit a claim.

It is important to select an attorney who is experienced in handling these types of cases. Look for a law firm that has a specialization in this area and operates on an hourly basis, which means you don't have to pay any fees unless you get the case won. Additionally, you should choose an attorney with excellent negotiation and communication abilities. This will ensure that you submit your claim before the time for filing expires.

Prescription Drugs

A variety of birth defects cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. These problems are usually genetic, but they can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Drug makers are required to test their products thoroughly and warn the public of the potential dangers. Sadly some pharmaceutical companies do not keep up with research or anticipate potential side effects. Some doctors prescribe dangerous drugs to their patients, and some women aren't aware of the risks associated with taking certain medications during pregnancy. These medications are referred to as teratogens, and they could cause birth defect law firms defects in the fetus. This includes spina bifida.

Other substances that may cause birth defects are chemicals used in agriculture and Birth defect lawyer manufacturing in addition to heavy metals, like mercury, which are contaminating the air or groundwater. Diane Paolicelli's legal career is focused on fighting powerful corporations that expose women to harmful chemicals and substances that may affect their reproductive health or lead to birth defects.

It is important to collect as the evidence you can before filing a suit against the parties responsible. Included in this are ultrasound images or blood tests, as well as medical bills incurred as a result. This allows the attorney to determine the financial value of the case.

Product Liability

Pregnancy is among the most exciting, yet anxious experiences of women's lives. It's also a time where medical professionals are prone to making mistakes that cause birth defects. A top attorney can assist parents in filing an action and obtaining the compensation they deserve from the people responsible for the disabilities of their child.

Medical experts aren't always able to pinpoint the root of birth defects, however most of them can be caused by environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

In addition, manufacturers and the people who prescribe prescription medications are required to inform people about the risks. However, a significant portion of these drugs are marketed off-label for women of childbearing age without warnings regarding the risk 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 defects lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases involving the development of birth defects due to parental exposure to toxic chemicals, including those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.