Birth Defect Litigation

Some injuries are beyond the parents in their control. Families are left with huge debts when these injuries require costly procedures and special attention.

A New York birth defect attorney can help parents who are in shock to file a claim to get compensation for future expenses. However, the law puts strict time limitations on when a claim should be filed.

Statute of Limitations

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

Many birth defect lawsuits are stemming from claims of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any point during the birth, labor and delivery processes. Medical professionals can also commit malpractice after the birth of a baby by failing to provide the correct treatment.

In general, the statutes of limitations in these cases are 2.5 years after the date of the medical malpractice. This time frame may be extended for infants. It is important to consult an attorney early enough to ensure that all evidence is gathered, and that a timely complaint can be filed.

A lawsuit can be filed on behalf of a child to claim birth defects that are caused by chemical and toxic exposures during pregnancy. Specially trained birth defects lawyers can investigate the claims and then prosecute them on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can cause a wide range of physical or mental problems. Some charleston birth defect lawsuit defects may be fatal. Some of these issues may be genetic while others are caused by exposure to environmental factors or prescription drugs taken during pregnancy.

A medical professional or doctor may be accused of negligence if they cause a birth defect through their actions or inaction. The majority of these cases are based on medical negligence in labor or delivery. However, they can comprise any act or failure to act that is in violation of a medical standard of care, like failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One example involves teratogens. These drugs can cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug she must make an insurance claim.

It is essential to select an attorney with previous experience in these cases. You should look for an attorney who has expertise in this area and is on contingency, which means you won't have to pay anything until you are successful. Choose an attorney with excellent communication and negotiation skills. This will help to ensure that you submit your claim before the statute of limitations expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to adequately test their products and warn consumers of any potential risks. Sadly certain pharmaceutical companies do not keep up with the latest research or anticipate potential side consequences. Certain doctors prescribe dangerous drugs to their patients. Moreover, some women are not informed about the risks associated with taking certain drugs while pregnant. These drugs are referred to as teratogens. They may cause birth defects in the fetus, such as spina bifida.

Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury, which pollute groundwater and air. Diane Paolicelli's legal career is dedicated to fighting powerful corporations that expose women to harmful chemicals and substances that may cause harm to their reproductive health and cause birth defects.

When filing a lawsuit against the parties that are accountable for your child's health, it is important to gather the most evidence you can. This includes any ultrasound images, blood tests and medical bills that arose as a result of the birth defect. This information helps the attorney assess the worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking experiences a woman can go through in her life. But it's also a period when many medical professionals make mistakes that could cause birth defects. A reputable attorney can assist parents in filing claims and getting the compensation they deserve from those responsible for the handicap of their child.

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

The pharmaceutical companies and those who prescribe medication also have a duty to inform the public about the risks. However, a lot of these drugs are offered off-label for women of childbearing age without adequate warnings about the risk of birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.

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