Birth Defect Litigation

Some injuries are out of the parents of their control. When injuries require specialized treatment and costly procedures, it could cause families to incur huge costs.

A New York birth defect attorney can help parents in shock to file a claim to get compensation for future expenses. The law has strict time limitations for when claims can be filed.

Statute of Limitations

Modern technology and medical advancements have helped reduce the risks of childbirth and pregnancy. Birth defects and injuries do remain a possibility. If they can be prevented, families should consider their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases may involve mistakes made by doctors or nurses at any time during labor and delivery processes. Medical professionals may also be negligent after the birth of a child in the event that they fail to provide appropriate treatment.

In general, the statutes of limitations for these cases are 2.5 years from the date of the medical mistake. For infants, this is sometimes extended. It is essential to talk with an attorney as soon as you can to ensure that all evidence is collected and that a timely complaint be filed.

A lawsuit can be filed on behalf of a baby for birth defects caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers are able to investigate these claims and prosecute them on behalf of the family.

Parents should take into consideration the following characteristics when choosing an attorney to represent them in a lawsuit involving birth defect or injury:

Medical Malpractice

Birth defects can lead to various physical and mental problems. Some of them may even be fatal. Some of these issues may be caused by genetics while others are triggered by environmental exposures or prescription medications used during pregnancy.

A doctor or medical professional may be accused of negligence in the event of causing birth defects due to their actions or inaction. These cases typically are based on medical negligence in delivery or labor. However, they may also comprise any act or failure to act in excess of a medical standard of care, such as failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One instance of case involves a medication known as teratogens, which could cause birth defects that are serious. Doctors generally advise women not 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 submit a claim.

It is essential to select an attorney who has expertise in these kinds of cases. Look for a law firm that has a specialization in this area, and works on an hourly basis, which means you won't have to pay a dime unless you get the case won. Additionally, you should choose an attorney who has strong communication and negotiation abilities. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects cause physical or mental disabilities, that require expensive medical treatment and accommodations for the child. Often, these conditions are genetic, but some can be caused by chemical or environmental exposure, or medications that the mother was taking during pregnancy.

Drug makers are required to test their products correctly and inform the public of any potential dangers. Sadly many pharmaceutical companies fail to keep up with research or anticipate potential side consequences. Some doctors recommend dangerous drugs to their patients, and some women are not informed about the dangers associated with taking certain medications during pregnancy. These drugs, referred to as teratogens, can cause birth defects, such as spina-bifida that can occur in the fetus.

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

It is crucial to collect as much evidence as you can before filing a lawsuit against the parties accountable. Included in this are ultrasound images, blood tests, and medical bills incurred as a result. This will help the attorney determine the financial value of the case.

Product Liability

Pregnancy is among the most exciting, but stressful experiences in a woman's lifetime. However, it's also a time when medical professionals can make mistakes that can cause Birth Defect Lawsuit defects. A top lawyer can help parents bring a lawsuit against those responsible for their child's condition and obtain the amount of compensation they deserve.

While the causes of birth defects are typically unknown to medical professionals however, many of them are linked to exposure to chemicals or environmental factors. This could include exposure of parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying crops and pesticides.

The pharmaceutical companies and those who prescribe medicines also have a duty to warn the public about the dangers of their products. However, a lot of these drugs are sold off-label for women of childbearing age without adequate warnings about the risk of birth defects. This is especially applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice focuses on cases involving the occurrence of birth defects due to exposure of parents to toxic chemicals such as the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.