Birth Defect Litigation

Some injuries are out of the parents' control. Families could be faced with a huge bill when injuries require expensive procedures and special treatment.

A New York birth defect lawyer can help stunned parents file a claim and get compensation to cover the cost of future expenses. However, the law has strict time limitations on when a claim should be filed.

Statute of limitations

Modern medical technology and advancements in medical science have reduced the risks associated with pregnancy, childbirth and birth. Birth defects and injuries remain a possibility. If they're preventable families need to explore their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases can involve mistakes made by nurses or doctors staff at any time during pregnancy, labor and birth. Medical professionals can also be negligent following the birth of a baby in the event that they fail to provide appropriate treatment.

Generally speaking, the time limit for these cases is 2.5 years from the date of the act of medical negligence. For infants, this time is sometimes extended. It is nevertheless important to seek legal counsel immediately to ensure that all evidence is obtained and that a timely claim be filed.

A lawsuit may be filed on behalf of a child to claim birth defects caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can cause various mental and physical ailments. Some of them could be fatal. Some of these issues are caused by genetics, while others are caused by environmental exposures or the use of prescription drugs during pregnancy.

A medical professional or doctor could be accused of malpractice if they cause birth defects by their actions or inaction. These cases usually involve medical negligence during labor or delivery. They can also be a result of any act of failure to do something that is below the standard of medical treatment, for instance, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One such type of case is a medication 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 an individual is exposed to the drug, she must file an action.

It is essential to select an attorney who has previous experience in these cases. Find a law firm that specializes in this area, and works on an hourly basis, birth defect lawsuits which means there is no cost unless you succeed. Additionally, you should choose a lawyer with strong negotiation and communication skills. This will help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects can cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. Most of the time, these issues are genetically inherited, but some can be caused by environmental or chemical exposure or medication that the mother consumed during pregnancy.

Pharmaceutical companies are required to test their products properly and inform the public about the potential dangers. Sadly, some pharmaceutical companies do not keep up with research or anticipate possible side effects. Moreover, doctors may prescribe dangerous medicines to their patients as well as some women do not receive adequate information on the risks associated with taking certain drugs during pregnancy. These are known as teratogens and may cause birth defects in the fetus including spina bifida.

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

When filing a lawsuit against the parties responsible for your child's condition it is essential to gather as much evidence as you can. This includes ultrasound scans, blood tests, and medical bills that arose due to the birth defect. This information can help the attorney assess the value of the case.

Product Liability

Pregnancy can be one of the most exciting, but stressful experiences in women's lives. However, it's also a time when medical professionals can make mistakes that could lead to birth defects. A top attorney can assist parents in filing a claim and obtaining the money they deserve from those responsible for the handicap of their child.

Medical experts are not always able determine the causes of birth defects, but a large number can be caused by environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

Furthermore, manufacturers and those who prescribe prescription medicines are required to inform consumers of the dangers. However, a significant portion of these drugs are marketed off-label for women of childbearing age without proper warnings about the potential for birth defects. This is especially true 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 defect attorneys defects result from exposure to toxic chemicals by parents, such as those used in semiconductor manufacturing or agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.