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Birth Defect Litigation

Parents want their children to be perfect However, some injuries occur beyond their control. Families could be faced with huge debts when these injuries require costly procedures and specialized care.

A New York birth defect lawyer can help stunned parents file claims and receive compensation to pay for future expenses. However, the law puts strict deadlines on when a claim needs to be filed.

Statute of Limitations

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

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors at any time during labor and delivery processes. Medical professionals can also be negligent following the birth of a child if they fail provide proper treatment.

In general the statute of limitations for these cases is 2.5 years from the date of the medical negligence. For infants, this time period can be extended. But, it is crucial to seek legal counsel early enough to ensure that all evidence has been collected and that a timely claim can be filed.

In addition to medical malpractice, a suit may also be filed on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

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

Medical Malpractice

Birth defects can trigger an array of physical or mental problems. Some birth defects can cause death. Some of these problems are genetic, but others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

A medical professional or doctor could be convicted of malpractice if they cause a birth defect through their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they may also be a result of any action or failure to act that is in violation of the medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One such type of situation is a drug known as teratogens, which could cause serious birth defects. Doctors generally advise women not 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 important to select an attorney with experience handling these kinds of cases. Find a law firm that is experienced in this area and works on an on a contingency basis, meaning there is no cost unless you succeed. Choose an attorney with outstanding negotiation and communication skills. This will ensure that you submit your claim before the time limit expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to test their products properly and inform the public of any risks that could be present. Unfortunately many pharmaceutical companies fail to keep up with the latest research or anticipate possible side consequences. Certain doctors prescribe dangerous medications to their patients, and some women aren't aware of the risks associated with taking certain medications during pregnancy. These drugs are known as teratogens and can cause birth defects in the fetus, such as spina Bifida.

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

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

Product Liability

Pregnancy is among the most exciting, but nerve-wracking experiences in women's lives. However, it's also a time when many medical professionals make mistakes that can cause birth defects. A top lawyer can help parents file a claim against those who are responsible for their child's disabilities and obtain the compensation they deserve.

Although the causes of birth defects are often not understood by medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental factors. This can be due to exposure by parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.

Furthermore, manufacturers and the people who prescribe prescription medications must inform patients of the risks. However, a significant portion of these drugs are sold off-label to women who are pregnant age, without warnings about the potential for birth defects. This is especially applicable to antidepressants such Prozac and Zoloft.

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