Birth Defect Litigation

Certain injuries are beyond the parents in their control. Families may be left with a large bill when injuries require costly procedures and special care.

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

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries do occur. Families must consider their legal options when they can be prevented.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors staff at any time during the birth process, including labor and pregnancy. Additionally medical professionals can be guilty of medical malpractice after the birth of a child in the event that they fail to provide the correct treatment.

Generally speaking, the time-limit for these cases is generally 2.5 years from the date of the occurrence of medical malpractice. For infants, this time period can be extended. It is essential to talk with a lawyer early enough to ensure that all the evidence is collected, and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects caused by improper toxic and chemical exposures that take place during the 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 defect or birth injury lawsuit parents should consider the following qualities:

Medical Malpractice

Birth defects can cause various mental and physical ailments. Some of them can be fatal. Some of these issues may be caused by genetics while others are caused through exposure to the environment or prescription drugs taken during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects due to their actions or inaction. These cases typically are based on medical negligence in delivery or labor. They may also involve any other perform a task that is not within the standard of medical care, such as, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

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

It is important that you choose an attorney who has prior experience in these types of cases. Find a law firm that is experienced in this area and works on an on a contingency basis, meaning you don't have to pay any fees unless you win. Also, you should look for an attorney who has strong negotiation and communication skills. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects cause physical or mental disabilities, that require costly medical treatment and accommodations for the child. These conditions are often genetic, but can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Drug makers are required to thoroughly test their products and birth defect attorney warn consumers about any potential risks. Unfortunately many pharmaceutical companies do not keep up with the latest research or foresee potential side consequences. Certain doctors prescribe dangerous medications to their patients. Moreover, some women aren't aware of the dangers associated with taking certain medications while pregnant. These are known as teratogens, and they may cause birth defects in the fetus, including spina Bifida.

Other substances that can cause birth defects are chemicals employed in the production and agricultural industries, as well as heavy metals such as mercury that are contaminating groundwater or air. Diane Paolicelli's career in law has been focused on fighting powerful corporations who expose women to harmful chemicals and substances that could affect their reproductive health or cause birth defects.

It is crucial to gather as all evidence you can before making a claim against the party responsible. This includes ultrasound images, blood tests, and medical bills that arose as a result of the birth defect. This helps the attorney establish the value of the case.

Product Liability

Pregnancy can be one of the most exciting, but anxious experiences of the life of a woman. But it's also a time where many medical professionals make mistakes that can lead to birth defects. A top lawyer can assist parents in submitting claims and getting the money they deserve from those who are responsible for the impairment of their child.

Although the causes of birth defects are usually unknown to medical experts however, many of them can be attributed to exposure to chemicals or environmental causes. This can include exposure by parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.

Furthermore, manufacturers and the people who prescribe prescription medications have a responsibility to inform patients of the risks. A significant portion of these drugs is marketed to women who are pregnant, 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 pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals by parents, such as those employed in the manufacture of semiconductors or in agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.