Birth Defect Litigation

Certain injuries are beyond the parents or birth defects their control. Families are left with huge bills when these injuries require costly procedures and special treatment.

A New York birth defect attorney can assist parents who are grieving and file an action to receive compensation for future expenses. However, the law has strict deadlines on when a claim should be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks associated with pregnancy and childbirth. However, birth defects and injuries can still occur. Families need to explore their legal options if they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve errors committed by nurses or doctors at any point during the pregnancy, labor and delivery procedures. Medical professionals can also be negligent after the birth of a baby in the event that they fail to provide appropriate treatment.

Generally, the statute of limitations in these cases is 2.5 years from the date of the incident of medical malpractice. This time frame can be extended to infants. It is essential to speak with a lawyer early enough to ensure that all evidence is collected, and that a timely complaint be filed.

In addition to medical malpractice, a suit can also be filed on behalf of a baby for birth defect law firm defects that result from wrongful toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

Parents should be aware of the following qualities when selecting an attorney to represent their interests in a lawsuit filed for birth injury or defect:

Medical Malpractice

Birth defects can lead to a variety of physical and mental problems. Some of them could be fatal. Certain of these problems could be genetic and others may be caused by exposure to the environment or prescription drugs taken during pregnancy.

A medical professional or doctor may be accused of negligence when they cause a birth defect through their actions or inaction. These cases usually are caused by medical negligence during delivery or labor. However, they can be a result of any action or failure to act that is in violation of the medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One example of situation involves a drug known as teratogens, which could cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug it is recommended that she make an action.

It is essential to select an attorney with experience handling these kinds of cases. Find a firm that is specialized in this area, and works on the basis of a contingent fee, which means you won't have to pay a dime unless you succeed. Find an attorney who has great negotiation and communication skills. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to test their products properly and inform the public of any risks that could be present. Unfortunately some pharmaceutical companies do not keep up-to-date with current research or fail to anticipate potential adverse effects. Furthermore, doctors may prescribe dangerous medications to their patients and some women do not receive adequate information on the dangers of taking certain drugs during pregnancy. These drugs are referred to as teratogens. They may cause birth defects in the fetus including spina bifida.

Other substances that can cause birth defects are chemicals used in agriculture and manufacturing and heavy metals such as mercury that are contaminating groundwater and air. Diane Paolicelli's career in law has been dedicated to fighting powerful corporations who expose women to toxic substances and chemicals that can damage their reproductive health or birth defects lead to birth defects.

When filing a lawsuit against the parties responsible 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 incurred because of the birth defect. This helps the attorney establish the worth of the case.

Product Liability

Pregnancy is among the most exciting, and anxiety-inducing experiences in women's lives. It's also a time where medical professionals are prone to making mistakes that result in birth defects. A reputable attorney can assist parents in filing an appeal and gaining the money they deserve from the people responsible for the disabilities of their child.

Medical experts aren't always able to determine the causes of birth defects, but many of them can be attributable to environmental or chemical exposure. This can include parental contact with toxic chemicals in the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing as well as chemical pesticides used in agriculture and crop spraying.

Manufacturers and those who prescribe medicines are also obliged to warn the public about their risks. However, a significant portion of these drugs are sold off-label for women of childbearing age, without warnings about the risk of birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.

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