Birth Defect Litigation

Some injuries are beyond the parents in their control. Families are left with huge bills when these injuries require costly procedures and special care.

A New York birth defect lawyer can assist parents in filing a claim and get compensation to pay for future expenses. The law has strict time limitations for when claims can be filed.

Statute of limitations

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

Many birth defect suits are stemming from accusations of medical malpractice. These cases could involve mistakes made by doctors or nurses at any time during labor and delivery processes. Additionally, medical professionals can commit medical malpractice following a child's birth by failing to provide the correct treatment.

Generally, the time-limit for these cases is 2.5 years from the date of the act of medical malpractice. For infants, this time is sometimes extended. However, it is important to seek legal advice as soon as possible to ensure that all evidence is collected and that a timely claim can be filed.

A lawsuit may be filed on behalf of a baby for birth defects that are caused by toxic and chemical exposures during the pregnancy. Lawyers specially trained in birth defects are able to investigate these claims and birth defect pursue them on behalf of the family.

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

Medical Malpractice

Birth defects can lead to a variety of mental and physical ailments. Certain birth defects can cause death. Some of these problems are inherited, whereas others are caused by environmental exposures or the use of prescribed drugs during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defects as a result of their actions or inaction. The majority of these cases are based on medical negligence during labor or delivery. They also encompass any act of failure to act which falls below a standard of medical treatment, for instance not diagnosing an illness or prescribing incorrect medication during pregnancy.

One example of situation involves a drug called teratogens, which can cause serious birth defects. Doctors typically advise women 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 submit a claim.

It is crucial to choose an attorney with experience in these types of cases. It is best to choose a firm that has expertise in this area and works on contingency, so you won't be charged any fees until you win. Also, search for an attorney who has strong communication and negotiation abilities. This will help ensure that you submit your claim 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. These issues are often genetic, but can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Drug makers are required to adequately test their products and warn consumers about any potential risks. Unfortunately many pharmaceutical companies do not keep up with the latest research or anticipate the potential adverse consequences. Additionally, doctors can prescribe dangerous drugs to patients, and some women do not receive adequate information on the risks associated with taking certain medications during pregnancy. These are known as teratogens. They may cause birth defects in the fetus, such as spina bifida.

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

It is important to collect as the evidence you can prior to making a claim against the parties accountable. This includes ultrasound scans, blood tests, and medical bills that arise because of the birth defect. This information will help the attorney determine the worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful experiences a woman can go through in her life. It's also a time when many medical professionals make mistakes that could lead to birth defects. A top lawyer can assist parents in filing an action and obtaining the compensation they deserve from the people responsible for the disabilities of their child.

While the causes of birth defects are usually unknown to medical professionals however, a significant proportion can be linked to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals in the workplace, like glycol ethers and solvents used in semiconductor manufacturing, and chemical pesticides used in agriculture and spraying crops.

Additionally, the manufacturers and those who prescribe prescription drugs are required to inform people about the risks. A large portion of these drugs are marketed to women who are pregnant, without warnings about the risk of birth defect. This is particularly applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects result from exposure of parents to toxic chemicals, such as those employed in the manufacture of semiconductors or in agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.