Birth Defect Litigation

Some injuries are beyond the parents of their control. When injuries require specialized care and costly procedures, it can cause families to be faced with massive costs.

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

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks associated with pregnancy and childbirth. However birth defects and injuries can still 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 committed by nurses or doctors at any point in the birth, labor and delivery processes. Additionally medical professionals may be guilty of medical malpractice after the birth of a child if they fail to provide proper care.

Generally, the time-limit for these cases is generally 2.5 years from the date of the act of medical negligence. The time frame is extended for infants. It is essential to talk with a lawyer immediately to ensure that all the evidence is collected, and that a timely complaint be filed.

In addition to medical malpractice, a suit may also be filed on behalf of an infant for birth defects resulting from improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

Parents should think about the following factors when choosing an attorney to represent them in a lawsuit involving birth defects or birth injuries:

Medical Malpractice

Birth defects can cause an array of mental or physical problems. Some birth defects can be fatal. Certain of these problems could be caused by genetics while others are caused by exposure to the environment or prescription medications taken during pregnancy.

A doctor or medical professional could be accused of misconduct if they cause a birth defect through their actions or inaction. The majority of these cases are based on medical negligence during delivery or labor. They also encompass any other be in compliance with a standard of medical treatment, for instance, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One instance of situation involves a drug called teratogens. It can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug it is recommended that she file an action.

It is important that you choose an attorney with previous experience in these cases. You should choose an attorney with expertise in this area and works on contingency, so you don't have to pay nothing until you win. Additionally, you should choose a lawyer with strong negotiation and communication skills. This will help ensure that you submit your claim before the time for filing expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require costly medical care and accommodations for the child. These issues are often genetic, but they may also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products correctly and inform the public of any risks that could be present. Unfortunately, some pharmaceutical companies do not keep up-to-date with current research or fail to anticipate possible side consequences. Moreover, doctors may prescribe dangerous drugs to patients and women may not have adequate information about the dangers of taking certain medications during pregnancy. These drugs are known as teratogens. They can cause birth defects in the fetus, such as spina bifida.

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

It is important to collect as all evidence you can prior to making a claim against the party responsible. This includes ultrasound images, blood tests, and medical bills that came up as a result of the birth defect. This information will help the attorney determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting and stressful experiences in a woman's lifetime. But it's also a time where many medical professionals make mistakes that could cause birth defects. A top attorney can help parents to file a claim against the medical professionals responsible for their child's condition and obtain the justice they deserve.

Although the causes of birth defects are generally unknown to medical experts but a large proportion of birth defects can be linked to exposure to chemicals or environmental factors. This could include contact from parents with toxic chemicals at the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing and agricultural chemicals for pesticides and crop spraying.

In addition, the manufacturer and those who prescribe prescription medicines are required to inform patients of the risks. However, a significant portion of these drugs are marketed off-label to women who are pregnant age, without warnings about the possibility of birth defects. This is especially applicable to 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 concentrates his practice on cases involving the development of birth defects that result from parental exposure to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.