Birth Defect Litigation

Some injuries are out of the parents or their control. Families may be left with huge debts when these injuries require costly procedures and specialized care.

A New York birth defect attorney can help parents in shock file an appeal to be compensated for future expenses. The law has strict time limits on when claims can be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks associated with childbirth and pregnancy. However, birth defects and injuries do occur. Families must consider their legal options when they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve mistakes made by doctors or nurses at any point in the labor and delivery processes. Medical professionals may also be negligent following the birth of a baby if they fail provide proper treatment.

Generally speaking, the time limit for these cases is generally 2.5 years from the date of the occurrence of medical malpractice. The time frame can be extended for infants. It is nevertheless important to seek legal advice immediately to ensure that all evidence has been collected and that a timely claim be filed.

A lawsuit can be filed on behalf of a baby for birth defects that are caused by toxic and chemical exposures during the pregnancy. Specially trained birth defects lawyers can look into the claims and then prosecute them on behalf of the family.

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

Medical Malpractice

birth defect attorneys defects can cause many mental or physical issues. Some of them may even be fatal. Some of these problems are caused by genetics, while others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice in the event of causing birth defects through their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they may also include any act or inability to act that falls short of the medical standard of care, like not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One example involves Teratogens. These drugs can result in birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must submit an insurance claim.

It is important to select an attorney who is experienced in handling these types of cases. Find a firm that specializes in this area and works on the basis of a contingent fee, which means there is no cost unless you get the case won. Choose an attorney with excellent communication and negotiation skills. This will help ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

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

Drug makers are required to ensure that their products are tested properly and inform consumers of any risks. Unfortunately many pharmaceutical companies do not keep up with research or anticipate potential side effects. Furthermore, doctors may prescribe dangerous drugs to their patients and women may not get proper information about the dangers of taking certain drugs during pregnancy. These drugs, known as teratogens, may cause birth defects, like spina-bifida in the fetus.

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

It is crucial to collect as all evidence you can prior to filing a lawsuit against the parties accountable. This includes any ultrasound scans, blood tests and medical bills that arose due to the birth defect. This assists the attorney in determining the worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking moments in a woman's life. It's also a time when many medical professionals make mistakes that could lead to birth defects. An experienced attorney can assist parents make a claim against those who are responsible for their child's disabilities and receive the justice they deserve.

While the causes of birth defects are often unknown to medical professionals however, a significant proportion can be linked to environmental or chemical exposure. This can include exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying for crops and pesticides.

In addition, the manufacturer and the people who prescribe prescription medications have a responsibility to warn patients of the risks. A majority of these drugs are marketed to pregnant women without warnings of 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 pharmaceutical and chemical companies. His practice is centered around cases that involve the occurrence of birth defects resulting from parental exposure to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.