Birth Defect Litigation

Some injuries are beyond the parents in their control. When these injuries require special care and costly procedures, it could cause families to incur huge costs.

A New York birth defect attorney can help parents grieving and file an action to receive compensation for future expenses. The law has strict time limitations on when a claim can be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks of childbirth and pregnancy. clearfield birth defect attorney defects and injuries still occur. When they are preventable, families need to explore their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any time during the labor and birth processes. In addition, medical professionals can commit medical malpractice after the birth of a baby if they fail to provide the correct treatment.

Generally speaking, the statute of limitations in these cases is 2.5 years from when the act was committed of medical malpractice. For infants, this is sometimes extended. However, it is essential to seek legal counsel early enough to ensure that all evidence has been collected and that a timely claim can be filed.

A lawsuit may be filed on behalf of a child for birth defects that are caused by toxic and chemical exposures during pregnancy. Lawyers specially trained in birth defects can investigate and firm pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can cause various mental and physical problems. Some birth defects may cause death. Some of these issues are caused by genetics, while others are caused by exposure to the environment or the use of prescription drugs during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects by their actions or inaction. The majority of these cases are based on medical negligence in delivery or labor. However, they can include any act or failure to act that is not in the range of a medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One example involves the teratogens. These medications can lead to birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must submit a claim.

It is crucial to choose an attorney with experience in these types of cases. Find a firm that is specialized in this field and operates on an on a contingency basis, meaning you don't have to pay any fees unless you succeed. Also, look for a lawyer who has excellent negotiation and communication skills. This will help ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities, that require expensive medical treatment and accommodations for the child. These issues are often genetic, but they may also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Drug manufacturers have an obligation to ensure that their products are tested properly and warn consumers about any risks. Unfortunately certain pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate potential adverse effects. Certain doctors prescribe dangerous medications to their patients. Moreover, some women are not aware of the risks associated with taking certain medications during pregnancy. These drugs, also known as teratogens can cause birth defects, like spina-bifida in the fetus.

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

When bringing lawsuits against the people 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 arise as a result of the birth defect. This information helps the attorney determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxious experiences of women's lives. But it's also a time where medical professionals often make mistakes that could cause birth defects. An experienced attorney can help parents bring a lawsuit against those responsible for their child's condition and obtain the proper compensation they're entitled to.

Although the causes of birth defects are usually unknown to medical experts, a significant number are linked to exposure to chemicals or environmental causes. This could include exposure of parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

Furthermore, manufacturers and those who prescribe prescription medications are required to inform people of their risks. A large portion of these medications are sold to women who are pregnant without warnings about the risk of birth defect. This is particularly 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. He focuses his practice on cases involving the development of birth defects resulting from exposure of parents to toxic chemicals such as those used in semiconductor manufacturing as well as agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.