Birth Defect Litigation

Parents want perfect babies, but some injuries happen out of their control. If these injuries require special medical attention and expensive procedures, it could cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents who are shocked to file a claim and get compensation to cover the cost of future expenses. However, the law places strict deadlines for when a claim needs to be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks associated with childbirth and pregnancy. However birth defects and injuries still occur. When they are preventable, families must explore their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors staff at any time during labor, birth defect birth and pregnancy. Medical professionals may also be guilty of malpractice following the birth of a child when they fail to provide the proper treatment.

In general the statute of limitations in these cases are 2.5 years after the date of the medical malpractice. For infants this is sometimes extended. It is nevertheless important to seek legal counsel as soon as you can to ensure that all evidence is collected and that a timely claim can be filed.

In addition to medical malpractice, a suit may also be filed on behalf of an infant for birth defects that result from wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit, parents should look for the following qualities:

Medical Malpractice

Birth defects can cause an array of mental or physical issues. Some birth defects can cause death. Some of these issues are inherited, while others are caused by environmental exposures or the use of prescription medications during pregnancy.

A medical professional or doctor could be accused of misconduct when they cause a birth defect through their actions or inaction. Most cases involve medical negligence during the birth or labor process. They may also involve any other act which falls below a standard of medical care, for example failing to recognize an illness or prescribing incorrect medication during pregnancy.

One example of this type of situation is a drug called teratogens. This medication can cause serious birth defects. In the course of pregnancy, doctors generally advise women to avoid taking this medication, which is commonly used in the treatment of seizures. If a woman is exposed to the drug she must submit an insurance claim.

It is essential to select an attorney who has experience in handling these kinds of cases. Find a law firm that specializes in this area, and works on a contingency basis, so you won't have to pay a dime unless you get the case won. Look for an attorney who has excellent communication and negotiation skills. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, that require expensive medical treatment and accommodations for the child. Often, these conditions are inherited, but a few of them may be caused by chemical or environmental exposure or medication that the mother consumed during pregnancy.

Drug makers are required to test their products properly and warn the public of any risks that could be present. Sadly, some pharmaceutical companies fail to keep up with the latest research or foresee potential side effects. In addition, doctors can prescribe dangerous drugs to their patients and women may not receive adequate information on the risks associated with taking certain medications during pregnancy. These drugs are referred to as teratogens. They can cause birth defects in the fetus, such as spina Bifida.

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

It is essential to gather as the evidence you can before filing a lawsuit against the responsible parties. This includes blood tests, ultrasound images and medical bills that arise due to the birth defect. This allows the attorney to determine the worth of the case.

Product Liability

Pregnancy is among the most exciting, yet stressful experiences in the life of a woman. It's also a time where many medical professionals make mistakes that could lead to birth defects. A top attorney can help parents bring a lawsuit against those responsible for their child's disability and obtain the compensation they deserve.

Although the causes of birth defects are often not understood by medical professionals but a large proportion of birth defects can be linked to environmental or chemical exposure. This could include exposure of parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.

Manufacturers and those who prescribe medication are also required to warn people about the dangers. However, a lot of these drugs are marketed off-label for women of childbearing age without proper warnings about the possibility of birth defects. This is especially applicable to antidepressants such Prozac and birth defect Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases involving the occurrence of birth defects resulting from exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.