Birth Defect Litigation

Some injuries are beyond the parents or their control. When injuries require specialized treatment and costly procedures, it could leave families with huge expenses.

A New York birth defect attorney can assist parents in shock file claims to obtain compensation for future expenses. The law has strict deadlines on when a claim can be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce risks associated with childbirth, pregnancy and birth. Birth defects and injuries still occur. Families must consider their legal options if they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors personnel at any stage of labor, pregnancy and birth. Additionally medical professionals may be guilty of medical malpractice after the birth of a child by failing to provide proper treatment.

Generally speaking, the statute of limitations in these cases is generally 2.5 years from the date of the act of medical negligence. For infants, this time is sometimes extended. It is nevertheless important to seek legal advice immediately to ensure that all evidence has been collected and that a timely claim be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects that result from wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

When selecting an attorney for a birth defect or birth injury lawsuit, parents should look for the following qualities:

Medical Malpractice

Birth defects can result in many mental or physical issues. Some birth defects may be fatal. Certain of these problems could be caused by genetics and others may be caused by exposure to the environment or prescription medications taken during pregnancy.

A medical professional or doctor could be accused of misconduct if they cause a birth defect through their actions or inaction. These cases typically are based on medical negligence in labor or delivery. They also encompass any act of failure to do something that is below the standard of medical care, such as the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One example involves the teratogens. These medications can lead to 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 is exposed to the drug she must file a claim.

It is important that you select an attorney with expertise in these kinds of cases. You should look for an attorney who has extensive experience in this field. It also works on contingency, so you don't pay any fees until you win. Look for an attorney with great negotiation and communication skills. This will help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

A lot of birth defects can cause mental or physical disabilities that require costly medical treatment and accommodations for the child. These conditions are often genetic, but can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to thoroughly test their products and warn consumers about any risks. Unfortunately, some pharmaceutical companies are not keeping up with the latest research or fail to anticipate possible adverse effects. In addition, doctors can prescribe dangerous drugs to patients and women may not have adequate information about the dangers of taking certain medications during pregnancy. These drugs are referred to as teratogens and can cause birth defects in the fetus. This includes spina bifida.

Other substances that may cause birth defect lawsuit defects are chemicals used in agriculture and manufacturing in addition to heavy metals like mercury that are contaminating groundwater or air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and substances that could harm their reproductive health and cause birth defects.

It is important to collect as much evidence as you can before making a claim against the party responsible. This includes any ultrasound scans, blood tests and medical bills that came up because of the birth defect. This assists the attorney in determining the monetary value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful experiences a woman can go through in her life. However, it's also a time where many medical professionals make mistakes that can cause birth defects. A reputable attorney can assist parents in filing an action and obtaining the amount they deserve from those responsible for the handicap of their child.

While the causes of birth defects are often unknown to medical professionals but a large proportion of birth defects can be 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, as well as agricultural chemicals used for spraying for crops and pesticides.

In addition, the manufacturer and those who prescribe prescription drugs have a responsibility to inform consumers of the dangers. A large number of these medications are sold to women who are expecting without warnings about the risk of birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals in the home by parents such as those that are used in semiconductor manufacturing or agriculture. He graduated of the American University in Washington, D.C. and Suffolk University Law School.