Birth Defect Litigation

Some injuries are out of the parents or their control. When injuries require specialized care and costly procedures, it can cause families to be faced with massive costs.

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

Statute of limitations

Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. Birth defects and injuries do remain a possibility. If they're preventable, families must consider their legal options.

Many birth defect suits are founded on claims of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any time during the birth, labor and delivery processes. Medical professionals may also be guilty of malpractice following the birth of a child by failing to provide the correct treatment.

Generally speaking, the statute of limitations in these cases is generally 2.5 years from the date of the occurrence of medical negligence. The time limit may be extended for infants. It is nevertheless important to seek legal counsel early enough to ensure that all evidence has been collected and that a timely claim can be filed.

A lawsuit may be filed on behalf of a child to claim birth defects that are caused by chemical and toxic exposures during the pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims 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 a wide range of mental or physical issues. Some of them could be fatal. Some of these issues could be genetic while others are triggered by exposure to the environment or prescription drugs taken during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defects through their actions or inaction. These cases typically are caused by medical negligence during delivery or labor. They may also involve any other perform a task that is not within the standard of medical care, like not diagnosing an illness or prescribing the wrong medication during pregnancy.

One such type of situation involves a drug known as teratogens, which could cause serious birth defects. Doctors typically advise women not 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 a claim.

It is important to choose an attorney who has handled these types of cases. Choose a law firm that has a specialization in this area and operates on the basis of a contingent fee, which means you won't have to pay a dime unless you succeed. Look for an attorney with an excellent ability to communicate and negotiate. This will help ensure that you submit your claim before the time for filing expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities, which require expensive medical care and accommodations for the child. These disorders are usually genetic, but can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and inform consumers of any risks. Unfortunately some pharmaceutical companies fail to keep up with research or anticipate potential side consequences. In addition, doctors can prescribe dangerous medications to their patients and women may not get proper information about the risks of taking certain medications during pregnancy. These are known as teratogens. They could cause birth defects in the fetus, including spina bifida.

Other substances that could cause birth defects are chemicals used in manufacturing and agriculture and heavy metals like mercury that are contaminating groundwater or air. Diane Paolicelli's legal career has been dedicated to fighting powerful corporations who expose women to toxic chemicals and birth defect attorney substances that could harm their reproductive health or lead to birth defect lawyer defects.

When bringing lawsuits against the people responsible for your child's condition, it is important to gather the most evidence you can. This includes ultrasound scans, blood tests and medical bills that arise due to the birth defect. This assists the attorney in determining the monetary worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking times in a woman's life. It's also a time when medical professionals can make mistakes that could lead to birth defects. An experienced attorney can help parents file a claim against those responsible for their child's condition and acquire the proper compensation they're entitled to.

Medical experts aren't always able to pinpoint the root of birth defects, but most of them can be attributable to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals in the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing as well as chemical pesticides used in agriculture and crop spraying.

In addition, the manufacturer and the people who prescribe prescription medications have a responsibility to inform patients of the risks. However, a lot of these drugs are offered off-label to women of childbearing age without proper warnings about the risk of birth defects. 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. He concentrates his practice on cases where birth defects result from exposure to toxic chemicals in the home by parents like those employed in the manufacture of semiconductors or in agriculture. He is a graduate from the American University in Washington, D.C. and Suffolk University Law School.