Birth Defect Litigation

Some injuries are beyond the parents of their control. Families are left with a large bill when injuries require costly procedures and special care.

A New York birth defect lawyer can assist parents in filing an action and receive compensation to cover future expenses. However, the law puts strict time limitations on when a claim should be filed.

Statute of Limitations

Modern technology and medical advancements have made it possible to reduce the risks associated with childbirth, pregnancy and birth. However, birth defects and injuries do occur. Families need to explore their legal options if they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any point in the pregnancy, labor and delivery processes. In addition medical professionals can be guilty of medical malpractice after a child's birth when they fail to provide proper treatment.

Generally, the statute of limitations in these cases is generally 2.5 years from the date of the occurrence of medical malpractice. This time period is extended for infants. But, it is crucial to seek legal advice immediately to ensure that all evidence is collected and that a timely claim can be filed.

In addition to medical malpractice, a suit could also be filed on behalf of a baby for birth defects resulting from improper toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

When choosing an attorney for a birth injury or defect lawsuit parents should be looking for the following characteristics:

Medical Malpractice

Birth defects can result in many physical or mental problems. Some birth defects can cause death. Some of these issues may be caused by genetics and others may be caused by exposure to the environment or prescription drugs taken during pregnancy.

A medical professional or doctor could be accused of malpractice if they cause a birth defect through their actions or inaction. The most common cases involve medical negligence during labor or delivery. They also encompass any act of failure to do something that is below the standard of medical care, like not diagnosing an illness or prescribing incorrect medication during pregnancy.

One instance of case involves a medication called teratogens, which can cause serious birth defects. In the course of pregnancy, doctors generally advise women to stay clear of this medication, which is used in the treatment of seizures. If a pregnant woman is exposed to this medication, she must make an insurance claim.

It is essential to select an attorney who is experienced in handling these types of cases. You should seek out a firm that has extensive experience in this field. It also operates on contingency basis, which means you don't pay nothing until you win. Find an attorney who has excellent communication and negotiation skills. This can help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, that require costly medical treatment and accommodations for the child. These problems are usually genetic, but can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and inform the public of any potential dangers. Unfortunately, some pharmaceutical companies don't keep up-to-date with current research or fail to anticipate potential adverse consequences. Some doctors recommend dangerous drugs to their patients and some women aren't aware of the risks associated with using certain drugs during pregnancy. These medications are referred to as teratogens, and they can cause birth defects in the fetus, such as spina bifida.

Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing 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 toxic chemicals and other substances that harm their reproductive health and cause birth defects.

If you are filing a lawsuit against the parties accountable for your child's condition, it is important to gather as much evidence as possible. This includes any ultrasound images, blood tests and medical bills that arose due to the birth defect. This information will help the attorney determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting and anxiety-inducing experiences in women's lives. It's also a time when many medical professionals make mistakes that could cause birth defects. An experienced attorney can help parents make a claim against those accountable for their child's handicap and acquire the amount of compensation they deserve.

While the causes of birth defects are generally unknown to medical experts but a large proportion of birth defects are linked with exposure to chemicals or the environment. This can be due to exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor birth defect manufacturing, as well as agricultural chemicals used in pesticides and crop spraying.

The manufacturers and the people who prescribe medicines are also obliged to warn the public about their risks. Yet, a large percentage of these drugs are marketed off-label to women who are pregnant age without proper warnings about the risk of birth defects. This is especially applicable to antidepressants such Prozac and 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 that involve the occurrence of hickory hills birth defect lawyer defects that result from exposure of parents to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.