Birth Defect Litigation

Some injuries are out of the parents' control. Families may be left with a large bill when injuries require expensive procedures and special attention.

A New York birth defect lawyer can assist parents who are shocked to file claims and receive compensation to cover the cost of future expenses. However, the law places strict deadlines when a claim should be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks of childbirth and pregnancy. However, birth defects and injuries can still occur. When they are preventable, families must explore their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any stage of labor, birth and pregnancy. In addition medical professionals could be guilty of medical malpractice after the birth of a baby by failing to provide the proper treatment.

Generally, the time-limit for these cases is 2.5 years from the date of the act of medical malpractice. This time frame may be extended for infants. It is important to consult a lawyer immediately to ensure that all the evidence is collected, and that a timely complaint can be filed.

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

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

Medical Malpractice

Birth defects can cause a wide range of mental or physical issues. Some birth defects can be fatal. Some of these issues are inherited, whereas others are caused by exposure to the environment or the use of prescription medications during pregnancy.

A doctor or medical professional may be accused of negligence in the event of causing a birth defect through their actions or inaction. These cases are usually based on medical negligence in delivery or labor. They can also include any act of failure to act which falls below a standard of medical care, for example the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One instance of situation is a drug called teratogens. This medication can cause serious birth defects. During pregnancy, doctors typically advise women to not take this medication, which is used in the treatment of seizures. If a woman who is pregnant is exposed to this drug, she should submit an insurance claim.

It is crucial to select an attorney who has handled these types of cases. Find a firm that specializes in this area, and works on an hourly basis, which means you don't pay anything unless you succeed. Also, you should look for an attorney with excellent negotiation and communication abilities. This will ensure that you make your claim in time before the statute of limitations expires.

Prescription Drugs

Many birth defects result in 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 chemical or environmental exposure or the use of medications by the mother during pregnancy.

Drug makers are required to ensure that their products are tested properly and warn the public of the potential dangers. Unfortunately certain pharmaceutical companies do not keep up-to-date with the latest research or fail to anticipate possible adverse effects. Some doctors prescribe dangerous drugs to their patients and some women are not informed about the risks of taking certain medications while pregnant. These drugs are known 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 agricultural and manufacturing industries, as well as heavy metals like mercury which pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and substances that can affect their reproductive health and cause birth defects.

If you decide to file a lawsuit against the parties who are responsible for your child's illness It is crucial to gather as much evidence as possible. This includes blood tests, ultrasound images and medical bills that arose as a result of the birth defect. This helps the attorney establish the value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful experiences a woman can go through in her life. But it's also a period where many medical professionals make mistakes that can cause birth defects. A top lawyer can assist parents in filing an action and obtaining the money they deserve from the people responsible for the disabilities of their child.

Although the causes of birth defects are usually unknown to medical experts but a large proportion of birth defects can be attributed to environmental or chemical exposure. This could include contact from parents with toxic chemicals at the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing, and chemical pesticides used in agriculture and crop spraying.

Manufacturers and those who prescribe medicines are also required to warn people about the dangers. However, a significant portion of these medications are sold off-label for women of childbearing age without adequate warnings about the potential for birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.

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