Birth Defect Litigation

Certain injuries are beyond the parents of their control. If injuries that result from these accidents require special care and costly procedures, it could cause families to incur huge costs.

A New York birth defect attorney can help parents who are grieving and file an action to receive compensation for future expenses. However, the law places strict deadlines on when a claim should be filed.

Statute of limitations

Modern medical technology and advancements in medical science have aided in reducing the risks associated with childbirth, pregnancy and birth. However birth defects and injuries still occur. Families need to consider their legal options when they are preventable.

Many birth defect suits are founded on allegations of medical malpractice that occurred. These cases can involve errors made by nurses or doctors at any point during the birth, labor and delivery processes. Medical professionals can also be negligent after the birth of a baby if they fail provide proper treatment.

In general the statute of limitations for these cases are 2.5 years from the date of the medical mistake. This time period can be extended for infants. But, it is crucial to seek legal counsel early enough to ensure that all evidence has been collected and that a timely claim can be filed.

In addition to medical malpractice, a suit can also be brought on behalf of a baby for birth defects resulting from improper toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

Parents should take into consideration the following factors when choosing an attorney to represent their interests in a lawsuit filed for birth defects or birth injuries:

Medical Malpractice

Birth defects can lead to many mental or physical issues. Certain birth defects could cause death. Some of these issues could be genetic while others are caused by exposure to the environment or prescription drugs taken during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects as a result of their actions or inaction. These cases typically involve medical negligence during labor or delivery. They may also involve any be in compliance with a standard of medical care, such as, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

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

It is important that you select an attorney with expertise in these kinds of cases. You should choose an attorney with years of experience in this field and is on contingency, which means you won't be charged anything until you are successful. Choose an attorney with great negotiation and communication skills. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects can cause physical or mental disabilities that require costly medical treatment and accommodations for the child. Most often, these disorders are inherited, but a few can be caused by chemical or environmental exposure, or the medications the mother consumed during pregnancy.

Drug makers are required to ensure that their products are tested properly and inform consumers of any potential risks. Sadly certain pharmaceutical companies do not keep up with the latest research or anticipate potential side consequences. Additionally, doctors can prescribe dangerous medications to their patients and some women do not get proper information about the risks of taking certain medications during pregnancy. These medications, also known as teratogens, can cause birth defects such as spina-bifida in the fetus.

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

If you decide to file lawsuits against the people accountable for your child's condition It is crucial to gather as much evidence as you can. This includes ultrasound scans, blood tests and medical bills that arise because of the birth defect. This will help the attorney determine the monetary value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking experiences a woman can go through in her life. It's also a time when medical professionals are prone to making mistakes that can lead to birth defects. A top lawyer can assist parents in filing an appeal and gaining the compensation they deserve from those responsible for the handicap of their child.

Although the causes of birth defects are typically unknown to medical professionals, a significant number are linked to exposure to chemicals or environmental factors. This could be due to contact by parents with toxic chemicals in the workplace, for example glycol ethers and solvents used in semiconductor manufacturing, as well as chemical pesticides used in agriculture and spraying crops.

In addition, the manufacturer and those who prescribe prescription drugs must inform consumers of the dangers. A large number of these drugs is marketed to women who are expecting without warnings of the potential for birth defect. This is especially true for antidepressants like Prozac and Zoloft.

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