Birth Defect Litigation

Certain injuries are beyond the parents' control. If these injuries require special care and costly procedures, it could leave families with huge expenses.

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 places strict deadlines for when a claim needs to 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 must consider their legal options if they are preventable.

Many birth defect suits are based on accusations of medical malpractice. These cases can involve mistakes committed by nurses or Birth defects doctors staff at any point during labor, pregnancy and birth. Additionally medical professionals may be guilty of medical malpractice following a child's birth by failing to provide the proper treatment.

Generally, the time limit for these cases is 2.5 years from the date of the incident of medical negligence. For infants, this can be extended. It is essential to speak with an attorney whenever you can to ensure that all evidence is gathered and that a timely complaint be filed.

A lawsuit may be filed on behalf of a baby for birth defects that are caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can investigate and defend 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 problems. Some birth defects can cause death. Certain of these problems could be genetic and others may be caused by exposure to environmental factors or prescription medications used during pregnancy.

A medical professional or doctor may be accused of negligence when they cause birth defects due to their actions or inaction. These cases usually are due to medical negligence during labor or delivery. However, they could also include any act or failure to act that is in violation of a medical standard of care, like failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One example of case is a medication known as teratogens, which could cause serious birth defects. During pregnancy, doctors usually recommend women not to take this medication, which is utilized in the treatment of seizures. If women are exposed to the drug then she must make an insurance claim.

It is important to select an attorney with experience handling these kinds of cases. It is best to choose an attorney who has experience in this field and operates on contingency basis, which means you won't be charged nothing until you win. Also, look for an attorney with excellent negotiation and communication abilities. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defect law firm defects result in mental or physical disabilities that require expensive medical treatment and accommodations for the child. These conditions are often genetic, but 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 correctly and inform the public about any potential risks. Unfortunately many pharmaceutical companies fail to keep up with the latest research or anticipate potential side consequences. Additionally, doctors can prescribe dangerous drugs to their patients as well as some women do not get proper information about the risks associated with taking certain medications during pregnancy. These drugs, referred to as teratogens, may cause birth defects, including spina-bifida, in the fetus.

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

If you are filing lawsuits against the people that are accountable for your child's health 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 incurred as a result. This helps the attorney establish the financial worth of the case.

Product Liability

Pregnancy can be one of the most exciting, and nerve-wracking experiences in a woman's lifetime. But it's also a period when many medical professionals make mistakes that could lead to birth defects. A top attorney can help parents file a claim against those who are responsible for their child's disabilities and get the amount of compensation they deserve.

Although the causes of birth defects are generally not understood by medical professionals however, a significant proportion can be attributed to exposure to chemicals or environmental factors. This could include exposure of parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for spraying crops and pesticides.

The pharmaceutical companies and those who prescribe medications are also obliged to inform people about the dangers. A significant portion of these drugs are marketed to pregnant women without warnings of the possibility of birth defect. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects result from exposure to toxic chemicals in the home by parents such as those that are employed in semiconductor manufacturing or agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.