Birth Defect Litigation

Some injuries are out of the parents or their control. When injuries require specialized medical attention and expensive procedures, it could result in huge costs for families.

A New York birth defect lawyer can assist parents who are stunned to file an appeal and obtain compensation to cover the cost of future expenses. However, the law imposes strict time limitations on when a claim should be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks that come with childbirth and pregnancy. However birth defects and injuries still occur. Families must consider their legal options if they are preventable.

Many birth defect lawsuits are stemming from allegations of medical malpractice that occurred. These cases may involve mistakes committed by nurses or doctors at any point in the birth defect attorney, labor and delivery procedures. Additionally medical professionals may be guilty of medical malpractice after the birth of a child by failing to provide the proper treatment.

In general the statute of limitation for these cases are 2.5 years after the date of the medical mistake. This time frame can be extended to infants. It is important to consult an attorney whenever you can to ensure that all the evidence is collected, and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of an infant for birth defects caused by wrongful toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

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

Medical Malpractice

Birth defects can cause numerous mental or physical issues. Some birth defects can cause death. Some of these issues are caused by genetics, while others are caused by environmental exposures or the use of prescription drugs during pregnancy.

A medical professional or doctor could be convicted of malpractice in the event of causing birth defects due to their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they may also be a result of any action or failure to act in excess of the medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One such case involves Teratogens. These drugs can result in serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug, then she should file an insurance claim.

It is important to select an attorney with experience handling these types of cases. Find a firm that specializes in this field and operates on an on a contingency basis, meaning you won't have to pay a dime unless you get the case won. Also, search for a lawyer who has excellent communication and negotiation skills. This will help to ensure that you file your claim before the time for filing expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, that require costly medical treatment and accommodations for the child. These conditions are often genetic, but can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Drug manufacturers are required to test their products correctly and warn the public of the potential dangers. Unfortunately some pharmaceutical companies don't keep up with the latest research or fail to anticipate potential side consequences. Some doctors prescribe dangerous drugs to their patients, and some women are not informed about the risks associated with taking certain medications while pregnant. These medications, also known as teratogens, may cause birth defects such as spina-bifida that can occur in the fetus.

Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury that contaminate air or groundwater. Diane Paolicelli's legal career has been focused on combating powerful corporations that expose women to harmful chemicals and substances that may damage their reproductive health or lead to birth defects.

If you are filing a lawsuit against the parties accountable for your child's condition it is essential to gather as much evidence as you can. Included in this are any ultrasound images or blood tests, as well as medical bills incurred as a result. This allows the attorney to determine the worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful experiences a woman can go through in her life. It's also the time that medical professionals make mistakes that cause birth defects. An experienced attorney can help parents to file a claim against the medical professionals accountable for their child's handicap and obtain the compensation they deserve.

Although the causes of birth defects are usually not understood by medical professionals, a significant number can be linked with exposure to chemicals or the environment. This can include parental exposure to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in spraying for crops and vimeo pesticides.

The pharmaceutical companies and those who prescribe medications also have a duty to inform the public about the risks. Yet, a substantial portion of these drugs are sold off-label to women who are pregnant age without adequate warnings about the potential for Vimeo birth defects. This is particularly applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases involving the development of birth defects due to parental exposure to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.