Birth Defect Litigation

Some injuries are beyond the parents of their control. When these injuries require special medical attention and expensive 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. However, the law imposes strict time limitations on the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advancements have helped reduce the risks associated with childbirth and pregnancy. Birth defects and injuries do still occur. If they're preventable, families should consider their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any time during the birth process, including labor and pregnancy. Additionally medical professionals can be guilty of medical malpractice following a child's birth if they fail to provide the proper treatment.

In general, the statutes of limitations in these cases is 2.5 years from the date of the medical mistake. For infants this can be extended. It is essential to talk with a lawyer immediately to ensure that all the evidence is collected, and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

Parents should take into consideration the following characteristics when choosing an attorney to represent their interests in a lawsuit filed for birth injury or defect:

Medical Malpractice

Birth defects can result in numerous mental or physical issues. Some of them may even be fatal. Some of these problems are caused by genetics, while others are caused by exposure to environmental factors or the usage of prescription drugs during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects through their actions or inaction. These cases are usually due to medical negligence during labor or delivery. However, they can also include any act or inability to act that is not in the range of the medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One example of case is a medication called teratogens. It can cause serious birth defects. Doctors typically advise women 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 file an insurance claim.

It is essential to select an attorney with experience handling these kinds of cases. Look for a law firm that is specialized in this area, and works on an on a contingency basis, meaning there is no cost unless you win. Also, search for an attorney who has strong communication and negotiation abilities. This will help ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

A variety of birth defects cause physical or mental 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 medications taken by the mother during pregnancy.

Drug makers are required to thoroughly test their products and warn consumers of any potential risks. Sadly, some pharmaceutical companies fail to keep up with research or anticipate the potential adverse effects. Certain doctors prescribe dangerous drugs to their patients and some women aren't aware of the risks associated with taking certain medications while pregnant. These drugs are known as teratogens, and they can cause birth defects within the fetus. This includes spina Bifida.

Other substances that can cause birth defects include chemicals used in agriculture and manufacturing in addition to heavy metals, like mercury that are contaminating groundwater or the air. Diane Paolicelli's legal career has been focused on fighting powerful corporations that expose women to toxic chemicals and substances that could damage their reproductive health or lead to birth defect law firms defects.

It is crucial to collect as all evidence you can prior to filing a suit against the parties responsible. Included in this are any ultrasound images, blood tests, and medical bills incurred as a result. This assists the attorney in determining the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but anxiety-inducing experiences in the life of a woman. But it's also a time when medical professionals can make mistakes that can lead to birth defects. A top lawyer can assist parents in filing an appeal and gaining the amount they deserve from those responsible for the handicap of their child.

Medical professionals aren't always able to determine the specific cause of birth defects, however the majority of them can be due to environmental or chemical exposure. This could include contact from parents with toxic chemicals at the workplace, such as solvents and glycol ethers used in semiconductor manufacturing, as well as agricultural chemicals for pesticides and spraying crops.

Additionally, the manufacturers and the people who prescribe prescription medications must inform consumers of the dangers. A large portion of these drugs is marketed to women who are expecting without warnings about the possibility of birth defect. This is particularly applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases where birth defects result from exposure of parents to toxic chemicals, such as those employed in semiconductor manufacturing or farming. He graduated from the American University in Washington, D.C., and Suffolk University Law School.