Birth Defect Litigation

Some injuries are beyond the parents' control. Families may be left with huge debts when these injuries require expensive procedures and special attention.

A New York birth defect lawyer can help stunned parents file claims and receive compensation to cover the cost of future expenses. The law has strict time limits on when a claim can be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks associated with pregnancy and childbirth. However birth defects and injuries do occur. If they're preventable, families must explore their legal options.

Many birth defect lawsuits are stemming from accusations of medical malpractice. These cases could involve mistakes made by nurses or doctors staff at any time during pregnancy, labor and birth. Medical professionals can also be negligent after the birth of a child when they fail to provide the proper treatment.

In general, the statutes of limitations for these cases is 2.5 years after the date of the medical error. This time frame may be extended for infants. It is important to consult an attorney early enough to ensure that all the evidence is collected, and that a timely complaint can be filed.

In addition to medical malpractice, a suit could also be filed on behalf of a baby for birth defects resulting from improper toxic and chemical exposures that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.

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

Medical Malpractice

Birth defects can lead to various mental and physical ailments. Some may even be fatal. Some of these issues are inherited, while others are due to environmental exposures or the use of prescribed drugs during pregnancy.

A doctor or medical professional could be accused of misconduct when they cause a birth defect through their actions or inaction. These cases usually are based on medical negligence in delivery or labor. However, they could also comprise any act or failure to act that is in violation of the medical standard of care, like failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One of these cases involves Teratogens. These drugs can result in serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should file an insurance claim.

It is important that you select an attorney who has prior experience in these types of cases. Find a firm that is experienced in this area and operates on a contingency basis, so you don't pay anything unless you get the case won. Look for an attorney who has outstanding negotiation and communication skills. This will help ensure that your claim is filed 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. Most of the time, these issues are genetically inherited, but some of them may be caused by chemical or environmental exposure, or the medications the mother was taking during pregnancy.

Drug makers are required to ensure that their products are tested properly and warn consumers about any risks. Unfortunately some pharmaceutical companies fail to keep up to date with the latest research or fail to anticipate possible side consequences. Some doctors recommend dangerous drugs to their patients, and some women are not aware of the dangers associated with taking certain medications during pregnancy. These drugs are referred to as teratogens, and they can cause birth defects in the fetus, such as spina Bifida.

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

When bringing lawsuits against the people responsible for your child's condition it is essential to gather as much evidence as possible. This includes any ultrasound scans, blood tests, and medical bills incurred as a result of the birth defect. This information helps the attorney to determine the worth of the case.

Product Liability

Pregnancy is among the most thrilling and birth defect lawsuits stressful times in a woman's life. It's also a time where medical professionals make mistakes that can lead to birth defects. A top attorney can help parents bring a lawsuit against those accountable for their child's handicap and get the proper compensation they're entitled to.

While the causes of birth defect attorneys defects are often unknown to medical professionals, a significant number can be attributed to exposure to chemicals or environmental factors. This can include exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in pesticides and crop spraying.

Furthermore, birth defect lawsuits manufacturers and those who prescribe prescription medicines have a responsibility to warn consumers of the dangers. However, a lot of these medications are sold off-label to women of childbearing age without warnings regarding the potential for birth defects. This is especially 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. His practice focuses on cases involving the occurrence of birth defects caused by parental exposure 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.