Birth Defect Litigation

Parents want perfect children, but some injuries happen outside of their control. Families may be left with huge bills when these injuries require expensive procedures and special attention.

A New York birth defect lawyer can assist parents who are shocked to file claims and receive compensation to cover future costs. The law has strict deadlines for 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 continue to occur. Families must consider their legal options when they are preventable.

Many birth defect lawsuits are based on allegations of medical malpractice that occurred. These cases may involve errors made by doctors or nursing personnel at any stage of pregnancy, labor and lawyers birth. In addition medical professionals can be guilty of medical malpractice after the birth of a child, when they fail to provide proper care.

In general the statute of limitation for these cases is 2.5 years after the date of the medical mistake. This time period can be extended to infants. However, it is important to seek legal counsel as soon as you can to ensure that all evidence is obtained and that a timely claim can be filed.

A lawsuit can be filed on behalf of a child in relation to birth defects caused by toxic and chemical exposures during the pregnancy. Specially trained birth defects lawyers can look into these claims and prosecute them on behalf of the family.

When choosing an attorney for a birth injury or defect lawsuit parents should be looking for the following characteristics:

Medical Malpractice

Birth defects can cause various mental and physical issues. Some birth defects can be fatal. Some of these issues are genetic, but 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 as a result of their actions or inaction. These cases are usually based on medical negligence during labor or delivery. They also encompass any other act which falls below a standard of medical treatment, for instance not diagnosing an illness or prescribing the wrong medication during pregnancy.

One example of situation involves a drug called teratogens. This medication 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, then she must file a claim.

It is essential to select an attorney who has experience in handling these types of cases. Look for a law firm that specializes in this area and operates on a contingency basis, so you don't have to pay any fees unless you get the case won. Find an attorney who has great negotiation and communication skills. This will ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

A lot of birth defects can cause mental or physical disabilities which require expensive medical care and accommodations for the child. Most often, these disorders are genetically inherited, but some can be caused by environmental or chemical exposure or medication that the mother took while pregnant.

Pharmaceutical companies are required to test their products thoroughly and warn the public of any potential dangers. Sadly certain pharmaceutical companies fail to keep up with research or anticipate possible side effects. Additionally, doctors can prescribe dangerous drugs to their patients and some women do not have adequate information about the dangers of taking certain drugs during pregnancy. These drugs are known as teratogens, and they can cause birth defects in the fetus, including spina bifida.

Other substances that could cause birth defects include chemicals used in manufacturing and agriculture in addition to heavy metals, like mercury, which are contaminating the air or groundwater. Diane Paolicelli's legal profession has been dedicated to fighting powerful corporations who expose women to harmful chemicals and substances that may cause harm to their reproductive health and lead to birth defects.

When bringing a lawsuit against the parties responsible for your child's condition it is crucial to gather as much evidence as you can. Included in this are any ultrasound images as well as blood tests and medical bills incurred due to. This information will help the attorney determine the worth of the case.

Product Liability

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

Although the causes of birth defects are often unknown to medical professionals but a large proportion of birth defects are linked with exposure to chemicals or the environment. This can include exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.

The pharmaceutical companies and those who prescribe medicines must also warn the public about the dangers of their products. However, a significant portion of these drugs are marketed off-label for women of childbearing age, without warnings about the potential for birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. His practice focuses on cases involving the occurrence birth defects resulting from parental exposure to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C., and Suffolk University Law School.