Birth Defect Litigation

Certain injuries are beyond the parents or their control. Families can be left with huge bills when these injuries require costly procedures and specialized care.

A New York birth defect attorney can help parents in shock to file an action to receive compensation for future expenses. The law has strict time limitations on when a claim can be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce risks associated with childbirth, pregnancy and birth. However, birth defects and injuries do occur. Families need to consider their legal options if they can be prevented.

Many birth defect suits are based on allegations that medical malpractice occurred. These cases may involve mistakes made by doctors or nurses at any time during labor and birth processes. Medical professionals can also commit malpractice after the birth of a baby if they fail provide proper treatment.

Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the incident of medical negligence. This time frame is extended for infants. It is nevertheless important to seek legal counsel as soon as possible to ensure that all evidence has been collected and that a timely claim be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of a baby for birth defects that result from wrongful toxic and chemical exposures that occur during the mother's 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 Defect Lawsuit defect or birth injury lawsuit, parents should look for the following characteristics:

Medical Malpractice

Birth defects can trigger numerous physical or mental problems. Some of them could be fatal. Some of these issues are caused by genetics, while others are caused by exposure to environmental factors or the usage of prescription drugs during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects due to their actions or inaction. These cases typically are caused by medical negligence during delivery or labor. However, they can also include any act or inability to act in excess of a medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example involves teratogens. These drugs can result in birth defects that are serious. During pregnancy, doctors typically recommend women not to take this medication, which is utilized in the treatment of seizures. If the woman is exposed to the drug then she should file an action.

It is crucial to choose an attorney who has prior experience in these types of cases. Find a law firm that is experienced in this area and works on an hourly basis, which means you don't have to pay any fees unless you get the case won. Also, search for a lawyer who has excellent communication and negotiation skills. This will ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

A lot of birth defect lawyer defects can cause mental or physical disabilities, that require expensive medical treatment and accommodations for the child. These problems are usually genetic, but they can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Drug manufacturers have an obligation to thoroughly test their products and warn consumers about any risks. Sadly many pharmaceutical companies do not keep up with the latest research or foresee potential side effects. Some doctors recommend dangerous drugs to their patients, birth defect lawsuit and some women are not aware of the risks of taking certain medications during pregnancy. These are known as teratogens. They may cause birth defects in the fetus. This includes spina bifida.

Other substances that could cause birth defects are chemicals used in agriculture and manufacturing as well as heavy metals such as mercury, which are contaminating the air or groundwater. Diane Paolicelli's legal career is focused on fighting powerful corporations that expose women to harmful substances and chemicals that can cause harm to their reproductive health and cause birth defects.

It is important to collect as many evidences as you can prior to making a claim against the responsible parties. This includes any ultrasound images, blood tests and medical bills that came up because of the birth defect. This information will help the attorney to determine the value of the case.

Product Liability

Pregnancy is among the most exciting, but anxious experiences of women's lives. However, it's also a time when many medical professionals make mistakes that can lead to birth defects. An experienced attorney can assist parents to file a claim against the medical professionals responsible for their child's condition and get the amount of compensation they deserve.

Medical experts are not always able to determine the specific cause of birth defects, but most of them can be due to environmental or chemical exposure. This can include parental contact with toxic chemicals in the workplace, like glycol ethers and solvents used in semiconductor manufacturing and agricultural chemicals used for pesticides as well as spraying of crops.

The manufacturers and the people who prescribe medicines are also obliged to warn the public about their risks. However, a significant portion of these drugs are offered off-label to women who are pregnant age, without warnings about the possibility of birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases involving the development of birth defects resulting from exposure of parents 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.