Birth Defect Litigation

Parents want their children to be perfect however, there are some injuries that occur out of their control. Families are left with huge bills when these injuries require costly procedures and special care.

A New York birth defect attorney can help parents who are shocked to file a claim to get compensation for future expenses. However, the law puts strict deadlines on when a claim needs to be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks associated with childbirth and pregnancy. However birth defects and injuries can still occur. Families must consider their legal options when they can be prevented.

Many birth defect lawsuits are based on accusations of medical malpractice. These lawsuits can result from mistakes made by nurses or doctors personnel at any stage of labor, pregnancy and birth. In addition medical professionals may be guilty of medical malpractice after the birth of a baby if they fail to provide proper treatment.

In general the statute of limitations in these cases is 2.5 years after the date of the medical mistake. The time frame can be extended for infants. But, it is crucial to seek legal advice early enough to ensure that all evidence is gathered and that a timely claim can be filed.

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

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

Medical Malpractice

Birth defects can cause many mental or physical ailments. Some may even be fatal. Some of these problems may be genetic while others are caused by exposure to environmental factors or prescription medications used during pregnancy.

A doctor or medical professional may be accused of malpractice when they cause birth defects due to their actions or inaction. These cases typically involve medical negligence during the birth or labor process. They can also include any other be in compliance with a standard of medical care, for example not diagnosing an illness or prescribing the wrong medication during pregnancy.

One of these cases involves Teratogens. These drugs can result in serious birth defect attorney defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug she must make an insurance claim.

It is important to select an attorney who is experienced in handling these kinds of cases. Choose a law firm that is specialized in this area and works on a contingency basis, so you won't have to pay a dime unless you get the case won. Choose an attorney with excellent communication and negotiation skills. This will help ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

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

Drug manufacturers have an obligation to ensure that their products are tested properly and warn consumers about any risks. Unfortunately, some pharmaceutical companies do not keep up-to-date with the latest research or fail to anticipate potential side effects. Certain doctors prescribe dangerous medications to their patients. Moreover, some women are not aware of the dangers associated with taking certain medications during pregnancy. These drugs are known as teratogens and could cause birth defect lawsuit defects in the fetus, such as spina bifida.

Other substances that can cause birth defects include chemicals employed in the production and agricultural industries, as well as heavy metals such as mercury that are contaminating groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and substances that damage their reproductive health and lead to birth defects.

If you are filing an action against the parties that are accountable for your child's health, it is important to gather as much evidence as possible. Included in this are any ultrasound images or blood tests, as well as medical bills incurred as a result. This information will help attorneys determine the worth of the case.

Product Liability

Pregnancy is among the most exciting, yet stressful experiences in a woman's lifetime. It's also the time that medical professionals make mistakes that result in birth defects. An experienced attorney can help parents in filing an action and obtaining the compensation they deserve from the people responsible for the disabilities of their child.

Although the causes of birth defects are often unknown to medical professionals however, many of them are linked to exposure to chemicals or environmental causes. This can include parental exposure to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.

Manufacturers and those who prescribe medicines are also obliged to inform the public about their risks. A large portion of these drugs is marketed to women who are pregnant, without warnings of the possibility of birth defect. This is especially applicable to 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 occurrence birth defects caused by exposure of parents to toxic chemicals, birth defect attorney which includes those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.