Birth Defect Litigation

Parents want their children to be perfect However, some accidents happen out of their control. When injuries require specialized medical attention and expensive procedures, it can leave families with huge expenses.

A New York birth defect lawyer can assist parents in filing claims and receive compensation to pay for future expenses. The law has strict deadlines on when claims can be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks associated with pregnancy and childbirth. However, birth defects and injuries continue to occur. Families need to explore their legal options when they can be prevented.

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any point in the birth, labor and delivery processes. Additionally, medical professionals can commit medical malpractice following a child's birth in the event that they fail to provide the correct treatment.

Generally speaking, the time limit for these cases is 2.5 years from the date of the incident of medical negligence. The time frame may be extended for infants. It is crucial to consult an attorney early enough to ensure that all the evidence is gathered, and that a timely complaint be filed.

In addition to medical malpractice, a suit could also be filed on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that take place during the 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 be looking for the following characteristics:

Medical Malpractice

Birth defects can trigger an array of mental or physical ailments. Some birth defects can cause death. Some of these issues may be caused by genetics, while others are caused through exposure to the environment or prescription drugs used during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause a birth defect through their actions or inaction. These cases typically involve medical negligence during the birth or labor process. They may also involve any act of failure to act which falls below a standard of medical care, such as, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One example of situation is a drug known as teratogens, which could cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug, then she should submit an action.

It is important to select an attorney who is experienced in handling these kinds of cases. Find a law firm that is experienced in this area and works on a contingency basis, so you don't have to pay any fees unless you succeed. Also, you should look for a lawyer who has excellent communication and negotiation skills. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require expensive medical care and accommodations for the child. Most often, these disorders are genetic, however some of them are caused by environmental or chemical exposure, or medications that the mother consumed during pregnancy.

Drug manufacturers have an obligation to thoroughly test their products and warn consumers of any potential risks. Sadly certain pharmaceutical companies do not keep up with research or anticipate the potential adverse consequences. Some doctors prescribe dangerous drugs to their patients. Moreover, some women are not aware of the risks of taking certain medications while pregnant. These medications are referred to as teratogens. They can cause birth defects in the fetus including spina Bifida.

Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural 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 chemicals and other substances that damage their reproductive health and lead to birth defects.

It is important to collect as much evidence as you can before making a claim against the parties accountable. This includes any ultrasound images, blood tests and medical bills incurred because of the birth defect. This allows the attorney to determine the monetary value of the case.

Product Liability

Pregnancy is among the most exciting, yet anxious experiences of a woman's lifetime. It's also a time when many medical professionals make mistakes that could cause birth defects. An experienced attorney can help parents make a claim against those responsible for their child's disability and receive the justice they deserve.

Although the causes of birth defects are generally not understood by medical professionals but a large proportion of birth defects can be attributed to exposure to chemicals or environmental factors. This can include exposure by parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for crop spraying and pesticides.

The manufacturers and the people who prescribe medications are also required to inform the public about their risks. Yet, a substantial portion of these medications are sold off-label to women who are pregnant age without proper warnings about the risk of birth defect law firm 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 pharmaceutical and chemical companies. He concentrates his practice on cases that involve the occurrence of birth defects that result from parental exposure 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.