Birth Defect Litigation

Certain injuries are beyond the parents' control. If these injuries require special treatment and costly procedures, it could result in huge costs for families.

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 on when a claim may be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks of childbirth and pregnancy. However birth defects and injuries do occur. Families must consider their legal options when they are preventable.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases can involve mistakes committed by nurses or doctors staff at any stage of labor, pregnancy and birth. Additionally medical professionals can be guilty of medical malpractice following the birth of a baby by failing to provide proper treatment.

Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the incident of medical negligence. This time period can be extended for infants. It is important to consult a lawyer immediately to ensure that all evidence is collected, and that a timely complaint be filed.

In addition to medical malpractice, a suit may also be filed on behalf of a baby for birth defects caused by improper toxic and chemical exposures that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

Parents should consider the following characteristics when choosing an attorney to represent them in a suit for birth defects or injuries:

Medical Malpractice

Birth defects can lead to numerous mental or physical ailments. Some birth defects can be fatal. Some of these issues may be caused by genetics, while others are caused by environmental exposures or prescription medications used during pregnancy.

A medical professional or doctor could be accused of misconduct if they cause birth defects through their actions or inaction. These cases are usually due to medical negligence during delivery or labor. However, they can include any act or failure to act that falls short of the medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One instance of situation is a drug known as teratogens, which could cause serious birth defects. In the course of pregnancy, doctors generally advise women to avoid taking this medication, which is used in the treatment of seizures. If an individual is exposed to the drug then she should make an action.

It is important to choose an attorney who has experience in handling these kinds of cases. You should look for an attorney with experience in this field and is based on contingency, meaning that you won't have to pay anything until you win. Also, search for an attorney with excellent communication and negotiation abilities. This will help to ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, that require expensive medical treatment and accommodations for the child. Often, these conditions are inherited, but a few of them can be caused by chemical or environmental exposure, or medications that the mother took during pregnancy.

Drug makers are required to adequately test their products and warn consumers about any potential risks. Unfortunately certain pharmaceutical companies are not keeping up-to-date with the latest research or fail to anticipate potential adverse effects. Furthermore, doctors may prescribe dangerous drugs to their patients, and some women do not have adequate information about the risks associated with taking certain drugs during pregnancy. These are known as teratogens, and they can cause birth defects in the fetus, including spina Bifida.

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

When filing a lawsuit against the parties responsible 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 incurred as a result of the birth defect. This will help the attorney determine the value of the case.

Product Liability

Pregnancy is among the most exciting, and anxious experiences of the life of a woman. It's also a time when medical professionals can make mistakes that can lead to birth defects. An experienced attorney can help parents make a claim against those who are responsible for their child's disabilities and obtain the proper compensation they're entitled to.

While the causes of birth defects are usually unknown to medical professionals but a large proportion of birth defects are linked 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, and agricultural chemicals used for spraying crops and pesticides.

The pharmaceutical companies and those who prescribe medication are also required to inform people about the dangers. However, a lot of these medications are sold off-label to women of childbearing age without proper warnings about the possibility of birth defects. This is particularly true for antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases involving the occurrence birth defect law firms defects resulting from parental exposure to toxic chemicals such as those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.