Birth Defect Litigation

Some injuries are out of the parents or their control. Families may be left with huge bills when these injuries require expensive procedures and specialized care.

A New York birth defect lawyer can assist parents who are shocked to file an appeal and obtain compensation to cover future expenses. The law has strict time limitations on when a claim can be filed.

Statute of Limitations

Modern medical technology and advances have made it possible to reduce the risks associated with pregnancy, childbirth and birth. However, south ogden birth defect law firm defects and injuries do occur. If they can be prevented, families should consider their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors staff at any point during labor, birth and pregnancy. Additionally medical professionals may be guilty of medical malpractice following the birth of a baby if they fail to provide proper treatment.

In general the statute of limitation for these cases are 2.5 years from the date of the medical error. This time frame can be extended for infants. However, it is essential to seek legal advice as soon as you can to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

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

Medical Malpractice

Birth defects can result in an array of mental or physical problems. Some birth defects can be fatal. Some of these problems are inherited, while others are caused by exposure to environmental factors or the usage of prescription drugs during pregnancy.

A medical professional or doctor could be accused of malpractice in the event of causing a birth defect through their actions or defect inaction. The most common cases involve medical negligence during the birth or labor process. However, they can include any act or failure to act that is in violation of the medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One example of this type of case is a medication known as teratogens, which could cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug, it is recommended that she file a claim.

It is important to select an attorney who has handled these types of cases. Find a law firm that is experienced in this area and operates on a contingency basis, so you don't have to pay any fees unless you get the case won. Also, search for a lawyer who has excellent negotiation and communication abilities. This will ensure that you submit your claim before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require costly medical treatment and accommodations for the child. Most often, these disorders are genetic, however some can be caused by chemical or environmental exposure, or the medications the mother took while pregnant.

Drug manufacturers are required to test their products thoroughly and inform consumers of any risks. Unfortunately, some pharmaceutical companies don't keep up with the latest research or fail to anticipate potential side consequences. Moreover, doctors may prescribe dangerous drugs to patients as well as some women do not get proper information about the risks associated with taking certain drugs during pregnancy. These medications are referred to as teratogens and can cause birth defects in the fetus, such as spina bifida.

Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury, which pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and substances that cause harm to their reproductive health and lead to birth defects.

If you decide to file lawsuits against the parties that are accountable for your child's health, it is important to gather as much evidence as possible. This includes any ultrasound scans, blood tests, and medical bills incurred as a result of the birth defect. This information assists attorneys determine the worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful events in a woman's lifetime. But it's also a period where many medical professionals make mistakes that could cause birth defects. An experienced attorney can help parents in submitting an action and obtaining the amount they deserve from those who are responsible for the impairment of their child.

While the causes of birth defects are generally not understood by medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental causes. This could include contact from parents with toxic chemicals at the workplace, for example glycol ethers and solvents that are used in semiconductor manufacturing and agricultural chemicals for pesticides and spraying on crops.

The pharmaceutical companies and those who prescribe medicines are also obliged to inform people about the dangers. However, a significant portion of these drugs are sold off-label to women of childbearing age, defect without warnings about the potential for birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.

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