Birth Defect Litigation

Parents want perfect children however, there are some injuries that occur outside their control. Families may be left with a large bill when injuries require expensive procedures and specialized care.

A New York birth defect attorney can assist parents who are in shock file a claim to get compensation for future expenses. The law has strict deadlines on when a claim can be filed.

Statute of Limitations

Modern medical technology and advances have helped to reduce risks associated with childbirth, pregnancy and birth. Birth defects and injuries persist. Families must consider their legal options if they can be prevented.

Many birth defect lawsuits are founded on claims of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing staff at any stage of labor, birth and pregnancy. Additionally medical professionals may be guilty of medical malpractice following the birth of a child by failing to provide proper care.

In general, the statutes of limitations in these cases are 2.5 years after the date of the medical error. This time frame may be extended for infants. It is essential to talk with a lawyer immediately to ensure that all evidence is gathered, and that a timely complaint can be filed.

In addition to medical malpractice, a suit can also be brought on behalf of a baby for birth defects caused by wrongful toxic and chemical exposures that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

When selecting an attorney for a birth defect or birth injury lawsuit, parents should look for the following characteristics:

Medical Malpractice

Birth defects can result in a wide range of mental or physical ailments. Some of them may even be fatal. Some of these issues could be genetic and others may be caused by exposure to environmental factors or prescription medications taken during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects due to their actions or inaction. These cases are usually based on medical negligence in labor or delivery. However, they could also be a result of any action or failure to act that is in violation of a medical standard of care, like failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example involves teratogens. These medications can cause birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must submit an insurance claim.

It is important that you select an attorney who has expertise in these kinds of cases. You should choose a firm that has years of experience in this field and operates on contingency basis, which means you don't pay any fees until you win. Additionally, you should choose an attorney who has strong communication and negotiation skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, that require costly medical treatment and accommodations for the child. The majority of these problems are inherited, but a few of them can be caused by chemical or environmental exposure, or by medications the mother was taking during pregnancy.

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

Other substances that may cause birth defects include chemicals employed in the production and agricultural industries, pathfinder2.ca as well as heavy metals like mercury that are contaminating groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and substances that could damage their reproductive health and cause birth defects.

When bringing an action against the parties accountable for your child's condition it is crucial to gather the most evidence you can. Included in this are any ultrasound images as well as blood tests and medical bills that are incurred as a result. This information can help the attorney determine the value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful experiences a woman can go through in her life. But it's also a period where medical professionals often make mistakes that can cause birth defects. An experienced attorney can help parents in filing a claim and obtaining the amount they deserve from those responsible for the handicap of their child.

Although the causes of birth defects are typically unknown to medical experts, a significant number are linked to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals at the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing, as well as agricultural chemicals used for pesticides as well as spraying of crops.

The pharmaceutical companies and those who prescribe medicines must also warn the public about the dangers of their products. A large portion of these drugs are marketed to pregnant women without warnings about the risk of birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases involving the occurrence of birth defects that result from exposure of parents to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.