Birth Defect Litigation

Parents want their children to be perfect, but some injuries happen out of their control. When these injuries require special medical attention and expensive procedures, it can cause families to incur huge costs.

A New York birth defect lawyer can assist parents who are stunned to file claims and receive compensation to cover future expenses. However, the law has strict deadlines for when a claim must be filed.

Statute of Limitations

Modern medical technology and advancements in medical science have reduced the risks that are associated with childbirth, pregnancy and birth. However, birth defects and injuries do occur. If they can be prevented, birth defects families should consider their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors at any time during birth, labor and delivery procedures. Medical professionals can also be guilty of malpractice following the birth defect lawsuit of a baby by failing to provide the correct treatment.

In general the statute of limitations for these cases are 2.5 years after the date of the medical mistake. The time limit can be extended to infants. However, it is important to seek legal advice as soon as possible to ensure that all evidence is gathered and that a timely claim can be filed.

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

Parents should think about the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth injury or defect:

Medical Malpractice

Birth defects can cause numerous physical or mental problems. Some birth defects can cause death. Some of these issues may be genetic while others are caused by exposure to environmental factors or prescription drugs used during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects through their actions or inaction. These cases usually involve medical negligence during labor or delivery. They also encompass any perform a task that is not within the standard of medical care, such as not diagnosing an illness or prescribing the wrong medication during pregnancy.

One example of situation is a drug called teratogens. It can cause serious birth defects. In the course of pregnancy, doctors generally advise women to stay clear of this medication, which is used in the treatment of seizures. If a woman is exposed to the drug, then she should make an action.

It is vital to select an attorney with prior experience in these types of cases. Choose a law firm that specializes in this area and works on an on a contingency basis, meaning you don't pay anything unless you get the case won. Also, search for an attorney who has strong communication and negotiation abilities. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, which require expensive medical care and accommodations for the child. Most often, these disorders are genetic, however some can be caused by environmental or chemical exposure, or the medications the mother was taking during pregnancy.

Pharmaceutical manufacturers are required to thoroughly test their products and inform consumers of any risks. Unfortunately some pharmaceutical companies don't keep up with the latest research or fail to anticipate possible side effects. Certain doctors prescribe dangerous medications to their patients. Moreover, some women aren't aware of the risks associated with taking certain drugs while pregnant. These drugs are referred to as teratogens. They can cause birth defects in the fetus, including spina bifida.

Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural industries, and heavy metals such as mercury that pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and substances that could harm their reproductive health and lead to birth defects.

If you are filing lawsuits against the parties accountable for your child's condition it is essential 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 assists attorneys determine the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful events in a woman's lifetime. But it's also a period when many medical professionals make mistakes that could lead to birth defects. An experienced attorney can help parents file a claim against those responsible for their child's disability and acquire the justice they deserve.

Although the causes of birth defects are typically not understood by medical professionals but a large proportion of birth defects are linked to environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in pesticides and crop spraying.

Furthermore, manufacturers and those who prescribe prescription medications must inform consumers of the dangers. Yet, a substantial portion of these medications are sold off-label to women who are pregnant age without proper warnings about the possibility of birth defects. This is particularly the case with 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. He concentrates his practice on cases involving the occurrence birth defects caused by parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.