Birth Defect Litigation

Some injuries are out of the parents or their control. If these injuries require special treatment and costly procedures, it could cause families to incur huge costs.

A New York birth defect lawyer can assist parents who are shocked to file an appeal and obtain compensation to pay for future expenses. However, the law has strict deadlines on when a claim must be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries still occur. Families need to consider their legal options if they can be prevented.

Many birth defect suits are made on the basis of accusations of medical malpractice. These cases may involve mistakes made by nurses or doctors at any point during the pregnancy, labor and delivery procedures. In addition medical professionals can be guilty of medical malpractice following the birth of a child by failing to provide proper care.

In general, the statutes of limitation for these cases are 2.5 years from the date of the medical error. This time frame can be extended for infants. However, it is important to seek legal advice as soon as possible to ensure that all evidence has been collected and that a timely claim be filed.

In addition to medical malpractice, a suit can also be brought on behalf of a baby for birth defects caused by wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

Parents should think about the following characteristics when choosing an attorney to represent their interests in a lawsuit filed for birth defects or injuries:

Medical Malpractice

Birth defects can cause numerous mental or physical ailments. Some may even be fatal. Certain of these problems could be caused by genetics while others are caused by environmental exposures or prescription drugs used during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects by their actions or inaction. These cases typically are based on medical negligence during labor or delivery. However, they may also include any act or inability to act that is not in the range of a medical standard of care, such as failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One of these cases involves the teratogens. These drugs can cause birth defects that are serious. In the course of pregnancy, doctors generally advise women to avoid taking this medication, which is utilized in the treatment of seizures. If the woman is exposed to the drug then she should make a claim.

It is important to select an attorney who has handled these kinds of cases. You should choose a firm with expertise in this area and is based on contingency, meaning that you won't have to pay anything until you win. Find an attorney who has an excellent ability to communicate and negotiate. This will help to ensure that you submit your claim before the statute of limitations expires.

Prescription Drugs

Many birth defects can cause physical or mental disabilities that require costly medical treatment and accommodations for the child. Often, these conditions are genetically inherited, but some can be caused by environmental or chemical exposure, or the medications the mother took during pregnancy.

Drug makers are required to ensure that their products are tested properly and warn consumers about any potential risks. Unfortunately some pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate possible adverse effects. Additionally, Attorneys doctors can prescribe dangerous medications to their patients and women may not receive adequate information on the risks of taking certain drugs during pregnancy. These drugs, also known as teratogens may cause birth defects such as spina-bifida, in the fetus.

Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury which affect groundwater or the air. Diane Paolicelli's legal career has been focused on fighting powerful corporations who expose women to toxic chemicals and attorneys substances that may cause harm to their reproductive health and lead to birth defect attorneys defects.

When bringing lawsuits against the people that are accountable for your child's health, it is important to gather as much evidence as you can. This includes any blood tests, ultrasound images, and medical bills that arose because of the birth defect. This information will help attorneys determine the value of the case.

Product Liability

Pregnancy is among the most exciting, yet anxiety-inducing experiences in the life of a woman. It's also the time that many medical professionals can make mistakes that lead to birth defects. An experienced attorney can assist parents make a claim against those responsible for their child's condition and acquire the justice they deserve.

Medical experts are not always able determine the exact cause of birth defects, however a large number can be due to environmental or chemical exposure. This can include exposure by parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.

In addition, manufacturers and those who prescribe prescription drugs are required to inform people about the risks. A majority of these drugs are marketed to women who are expecting without warnings about the risk of birth defects. This is especially true for 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 is centered around cases where birth defects result from exposure to toxic chemicals in the home by parents, such as those employed in semiconductor manufacturing or agriculture. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.