Birth Defect Litigation

Parents want their children to be perfect However, some injuries occur out of their control. Families may be left with a large bill when injuries require expensive procedures and special treatment.

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

Statute of limitations

Modern medical technology and advancements in medical science have helped to reduce risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries do persist. Families need to explore their legal options when they can be prevented.

Many birth defect lawsuits are based on allegations that medical malpractice occurred. These cases could involve mistakes made by doctors or nursing staff at any time during pregnancy, labor and birth. Medical professionals can also be negligent after the birth of a child in the event that they fail to provide appropriate treatment.

In general, the statutes of limitations in these cases is 2.5 years after the date of the medical error. For infants, this period can be extended. It is important to consult an attorney whenever you can to ensure that all evidence is collected, and that a timely complaint 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. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can lead to a wide range of mental or physical ailments. Some of them may even be fatal. Some of these issues could be genetic while others are caused by environmental exposures or prescription drugs taken during pregnancy.

A medical professional or doctor could be convicted of malpractice in the event of causing birth defects through their actions or inaction. The majority of these cases are based on medical negligence in labor or delivery. However, they could also be a result of any action or failure to act that is not in the range of the medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One such case involves the teratogens. These drugs can result in serious birth defects. When pregnant, doctors usually advise women to stay clear of this medication, which is utilized to treat seizures. If the woman is exposed to the drug, it is recommended that she file a claim.

It is crucial to select an attorney who has handled these kinds of cases. It is best to choose an attorney with experience in this field and operates on contingency basis, which means you won't be charged anything until you are successful. Look for an attorney who has outstanding negotiation and communication skills. This will help to ensure that you make your claim in time before the time limit expires.

Prescription Drugs

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

Drug manufacturers have an obligation to test their products thoroughly and warn consumers of any potential risks. Unfortunately, some pharmaceutical companies are not keeping up with the latest research or [empty] fail to anticipate potential side effects. Some doctors recommend dangerous drugs to their patients and some women are not aware of the risks of taking certain drugs while pregnant. These medications, also known as teratogens, can cause birth defects, like spina-bifida, in the fetus.

Other substances that may cause birth defects are chemicals that are used in manufacturing and agriculture as well as heavy metals, like mercury, which are contaminating the groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and other substances that cause harm to their reproductive health and cause birth defects.

It is important to collect as all evidence you can before filing a lawsuit against the responsible parties. This includes ultrasound scans, blood tests and medical bills incurred as a result of the birth defect. This helps the attorney establish the value of the case.

Product Liability

Pregnancy is among the most exciting, but stressful experiences in women's lives. It's also the time that medical professionals make mistakes that 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 acquire the amount of compensation they deserve.

Medical experts aren't always able to determine the specific cause of birth defects, however most of them can be due to environmental or chemical exposure. This can include parental contact with toxic chemicals in the workplace, like glycolethers and solvents utilized in semiconductor manufacturing and chemical pesticides used in agriculture and crop spraying.

In addition, the manufacturer and the people who prescribe prescription medications have a responsibility to inform people of their risks. A significant portion of these medications are sold to women who are expecting without warnings of the potential for 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 defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects result from exposure to toxic chemicals by parents such as those that are employed in semiconductor manufacturing or agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.