Birth Defect Litigation

Parents want their children to be perfect However, some injuries occur beyond their control. When injuries require specialized care and costly procedures, it could cause families to incur huge costs.

A New York birth defect attorney can help parents who are in shock file a claim to get compensation for future expenses. However, the law has strict time limitations on when a claim must be filed.

Statute of Limitations

Modern technology and medical advancements have helped reduce the risks of childbirth and pregnancy. However, birth defects and injuries can still occur. Families need to consider their legal options if they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any point during the labor and birth procedures. Medical professionals can also commit malpractice after the birth of a child by failing to provide the correct treatment.

Generally speaking, the time-limit for these cases is 2.5 years from the date of the incident of medical malpractice. For infants this period may be extended. However, it is important to seek legal counsel immediately to ensure that all evidence is collected and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

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

Medical Malpractice

Birth defects can cause various mental and physical problems. Some may even be fatal. Some of these issues are inherited, while others are caused by environmental exposures or the use of prescription drugs during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects by their actions or inaction. These cases usually are based on medical negligence during delivery or labor. They may also involve any be in compliance with a standard of medical care, such as failing to recognize an illness or prescribing incorrect medication during pregnancy.

One such case involves Teratogens. These medications can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must make a claim.

It is vital to select an attorney with prior experience in these types of cases. Find a firm that is specialized in this area and operates on an on a contingency basis, meaning there is no cost unless you are successful. Find an attorney who has great negotiation and communication skills. This will help to ensure that you file your claim before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require expensive medical care and accommodations for the child. The majority of these problems are genetic, but some of them may be caused by chemical or environmental exposure, or by medications the mother took during pregnancy.

Drug makers are required to ensure that their products are tested properly and warn consumers of any potential risks. Unfortunately, some pharmaceutical companies don't keep up with the latest research or fail to anticipate possible side consequences. Some doctors recommend dangerous drugs to their patients, and some women aren't aware of the dangers associated with using certain drugs during pregnancy. These medications, also known as teratogens can cause birth defects such as spina-bifida, which is a birth defect in the fe.

Other substances that can cause birth defects are the chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury that pollute groundwater and air. Diane Paolicelli's legal career is dedicated to fighting powerful corporations that expose women to harmful chemicals and substances that could affect their reproductive health or cause birth defects.

When bringing a lawsuit against the parties accountable for your child's condition it is crucial to gather as much evidence as possible. This includes ultrasound images, blood tests and medical bills that arose due to the birth defect. This information assists the attorney assess the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful events in a woman's lifetime. It's also a time when many medical professionals can make mistakes that lead to birth defects. An experienced attorney can assist parents bring a lawsuit against those accountable for their child's handicap and acquire the amount of compensation they deserve.

Medical professionals aren't always able determine the root of birth defects, however a large number can be attributed to chemical or environmental exposure. This may include contact by parents with toxic chemicals in the workplace, for example glycol ethers and solvents used in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

Furthermore, manufacturers and those who prescribe prescription drugs have a responsibility to warn people of their risks. However, a significant portion of these drugs are marketed off-label for women of childbearing age without adequate warnings about the potential for birth defects. This is particularly true for 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. His practice is centered around cases where birth defect lawyer defects result from exposure to toxic chemicals in the home by parents, such as those employed in semiconductor manufacturing or agricultural. He graduated from the American University in Washington, D.C. and Suffolk University Law School.