Birth Defect Litigation

Some injuries are out of the parents' control. When these injuries require special care and costly procedures, it could leave families with huge expenses.

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

Statute of limitations

Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. Birth defects and injuries persist. Families need to consider their legal options when they are preventable.

Many birth defect lawsuit defect suits are founded on allegations that medical malpractice occurred. These lawsuits can result from mistakes made by doctors or nursing staff at any point during labor, pregnancy and birth. Medical professionals may also be negligent following the birth of a baby when they fail to provide the proper treatment.

In general, the statutes of limitations in these cases are 2.5 years from the date of the medical malpractice. For infants, this time can be extended. It is essential to talk with an attorney early enough to ensure that all the evidence is gathered and that a timely complaint can be filed.

A lawsuit can be filed on behalf of a child in relation to birth defects caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate and defend 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 issues. Certain birth defects could be fatal. Some of these issues may be genetic, while others are caused by exposure to the environment or prescription medications taken during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects as a result of their actions or inaction. Most cases involve medical negligence during labor or delivery. However, they can also include any act or inability to act in excess of the medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One example of situation involves a drug called teratogens. This medication can cause serious birth defects. During pregnancy, doctors usually advise women to stay clear of this medication, which is commonly used to treat seizures. If an individual is exposed to the drug, then she must file an action.

It is important that you select an attorney with prior experience in these types of cases. Choose a law firm that has a specialization in this field and operates on a contingency basis, so you don't have to pay any fees unless you are successful. Also, search for an attorney who has strong communication and negotiation skills. This will help to ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

Many birth defects can cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. These problems are usually genetic, but can also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.

Drug manufacturers are required to test their products thoroughly and inform the public of any risks that could be present. Sadly, some pharmaceutical companies do not keep up with the latest research or anticipate potential side effects. Some doctors prescribe dangerous drugs to their patients. Some women are not informed about the dangers associated with using certain drugs during pregnancy. These drugs are referred to as teratogens, and they could cause birth defects in the fetus including spina bifida.

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

It is essential to gather as the evidence you can prior to filing a suit against the parties accountable. Included in this are any ultrasound images as well as blood tests and medical bills incurred as a result. This will help the attorney determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxious experiences of a woman's lifetime. It's also the time that many medical professionals can make mistakes that cause birth defects. A top attorney can help parents make a claim against those who are responsible for their child's disabilities and receive the compensation they deserve.

Although the causes of birth defects are usually not understood by medical professionals however, many of them can be attributed to exposure to chemicals or environmental causes. This can include parental exposure to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in crop spraying and pesticides.

In addition, the manufacturer and those who prescribe prescription medications have a responsibility to warn patients of the risks. A majority of these drugs are offered to pregnant women without warnings of the potential for 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. His practice focuses on cases that involve the occurrence of birth defects resulting from exposure of parents to toxic chemicals such as those used in semiconductor manufacturing as well as agriculture. He is a graduate of the American University in Washington, D.C. as well as Suffolk University Law School.