Birth Defect Litigation

Some injuries are out of the parents of their control. Families may be left with a huge bill when injuries require expensive procedures and special care.

A New York birth defect lawyer can assist parents who are shocked to file a claim and get compensation to cover the cost of future expenses. However, the law places strict deadlines for when a claim needs to be filed.

Statute of Limitations

Modern technology and medical advancements have helped reduce the risks of childbirth and pregnancy. Birth defects and injuries still occur. If they can be prevented, families should consider their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing personnel at any stage of the birth process, including labor and pregnancy. Additionally, medical professionals can commit medical malpractice following the birth of a child by failing to provide the correct treatment.

Generally, the time limit for these cases is 2.5 years from the date of the occurrence of medical malpractice. This time period can be extended to infants. It is nevertheless important to seek legal advice immediately to ensure that all evidence is obtained and that a timely claim be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defect attorneys defects caused by improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

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

Medical Malpractice

Birth defects can lead to various mental and physical ailments. Certain birth defects can be fatal. Some of these problems are inherited, whereas others are due to exposure to the environment or the use of prescription medications during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects as a result of their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they can comprise any act or failure to act that is not in the range of a medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One such case involves teratogens. These drugs can cause birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug, then she must make a claim.

It is crucial to choose an attorney with experience in these types of cases. Find a firm that has a specialization in this field and operates on a contingency basis, so there is no cost unless you get the case won. Choose an attorney with great negotiation and communication skills. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

Drug makers are required to ensure that their products are tested properly and birth defects warn consumers of any potential risks. Unfortunately some pharmaceutical companies are not keeping up-to-date with the latest research or fail to anticipate possible side consequences. Certain doctors prescribe dangerous drugs to their patients. Moreover, some women are not informed about the dangers associated with taking certain medications while pregnant. These drugs, referred to as teratogens may cause birth defects, like spina-bifida, in the fetus.

Other substances that could cause birth defects include chemicals used in agriculture and manufacturing in addition to heavy metals such as mercury, which are contaminating the groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and other substances that affect their reproductive health and lead to birth defects.

It is essential to gather as much evidence as you can prior to filing a suit against the party responsible. Included in this are ultrasound images as well as blood tests and medical bills incurred due to. This information will help the attorney determine the value of the case.

Product Liability

Pregnancy is among the most exciting and stressful experiences in a woman's lifetime. It's also the time that many medical professionals can make mistakes that cause birth defects. A top attorney can assist parents in filing an action and obtaining the money they deserve from those responsible for the disability of their child.

While the causes of birth defects are generally not understood by medical professionals however, a significant proportion can be linked to environmental or chemical exposure. This may include contact by parents with toxic chemicals in the workplace, such as glycol ethers and solvents used in semiconductor manufacturing and chemical pesticides used in agriculture and spraying on crops.

In addition, manufacturers and those who prescribe prescription medicines are required to inform patients of the risks. A majority of these drugs are marketed to pregnant women without warnings about the risk of birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice focuses on cases involving the occurrence birth defects caused by exposure of parents to toxic chemicals such as those used in semiconductor manufacturing as well as agriculture. He is a graduate of the American University in Washington, D.C. as well as Suffolk University Law School.