Birth Defect Litigation

Some injuries are out of the parents of their control. Families could be faced with a large bill when injuries require costly procedures and special treatment.

A New York birth defect attorney can assist parents who are in shock file a claim to get compensation for future expenses. However, the law places strict deadlines for when a claim must be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks of childbirth and pregnancy. However birth defects and injuries still occur. Families should consider their legal options when they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any point during the labor and delivery processes. Additionally medical professionals may be guilty of medical malpractice after the birth of a baby if they fail to provide the proper treatment.

In general the statute of limitation for these cases are 2.5 years from the date of the medical error. For infants, this time can be extended. However, it is important to seek legal counsel as soon as possible to ensure that all evidence has been collected and that a timely claim be filed.

A lawsuit can be filed on behalf of a child to claim birth defects that are caused by chemical and toxic exposures during the pregnancy. Specially trained birth defects lawyers can look into these claims and pursue them on behalf of the family.

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

Medical Malpractice

Birth defect lawsuit defects can trigger numerous physical or mental problems. Some birth defects can be fatal. Some of these issues may be caused by genetics while others are caused by environmental exposures or prescription drugs taken during pregnancy.

A doctor or medical professional could be accused of misconduct when they cause birth defect law firms defects by their actions or inaction. These cases typically are based on medical negligence during labor or birth defect lawsuit delivery. However, they could also comprise any act or failure to act that is not in the range of a medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One example involves Teratogens. These drugs can result in serious birth defects. When pregnant, doctors usually recommend women not to take this medication, which is used in the treatment of seizures. If a pregnant woman is exposed to this drug, she should make a claim.

It is important to select an attorney with experience handling these kinds of cases. It is best to choose a firm that has expertise in this area and operates on contingency basis, which means you won't have to pay anything until you win. Look for an attorney who has outstanding negotiation and communication skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

A lot of birth defects can cause mental or physical disabilities which require expensive medical care and accommodations for the child. Most often, these disorders are genetic, but some of them are caused by chemical or environmental exposure, or medications that the mother was taking during pregnancy.

Drug makers are required to adequately test their products and warn consumers about any risks. Unfortunately some pharmaceutical companies do not keep up-to-date with current research or fail to anticipate possible adverse effects. Some doctors recommend dangerous drugs to their patients and some women aren't aware of the risks of taking certain drugs while pregnant. These drugs are known as teratogens and could cause birth defects in the fetus. This includes spina Bifida.

Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury which can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and substances that can damage their reproductive health and lead to birth defects.

If you are filing an action against the parties who are responsible for your child's illness It is crucial to gather as much evidence as you can. Included in this are ultrasound images as well as blood tests and medical bills that are incurred as a result. This information can help the attorney assess the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but anxiety-inducing experiences in the life of a woman. But it's also a period when many medical professionals make mistakes that could lead to birth defects. A reputable attorney can assist parents in submitting a claim and obtaining the compensation they deserve from those responsible for the handicap of their child.

Medical professionals aren't always able to pinpoint the root of birth defects, but a large number can be attributed to chemical or environmental exposure. This can include exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for crop spraying and pesticides.

The manufacturers and the people who prescribe medication must also warn the public about the risks. A significant portion of these drugs are offered to women who are pregnant without warnings about the possibility of birth defects. This is especially true for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases involving the occurrence birth defects due to exposure of parents to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.