Birth Defect Litigation

Parents want perfect children, but some injuries happen outside of their control. When injuries require specialized medical attention and expensive procedures, it could result in huge costs for families.

A New York birth defect lawyer can assist parents who are stunned to file a claim and get compensation to pay for future expenses. The law has strict deadlines on when claims can be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks associated with pregnancy and childbirth. However birth defects and injuries can still occur. Families must consider their legal options if they can be prevented.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing staff at any time during the birth process, including labor and pregnancy. In addition, medical professionals can commit medical malpractice following the birth of a child in the event that they fail to provide proper care.

Generally speaking, the statute of limitations in these cases is generally 2.5 years from when the act was committed of medical negligence. The time frame may be extended for infants. It is nevertheless important to seek legal advice as soon as possible to ensure that all evidence has been collected and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of a baby 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 defend these claims on behalf of the family.

Parents should take into consideration the following factors when choosing an attorney to represent their interests in a lawsuit filed for birth injury or defect:

Medical Malpractice

Birth defects can lead to an array of mental or physical ailments. Some birth defects can be fatal. Certain of these problems could be caused by genetics while others are caused by exposure to environmental factors or prescription drugs used during pregnancy.

A medical professional or doctor may be accused of negligence when they cause birth defects through their actions or inaction. These cases usually are due to 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 this type of situation involves a drug called teratogens. It can cause serious birth defects. During pregnancy, doctors typically advise women to not take this medication, which is utilized in the treatment of seizures. If the woman is exposed to the drug, she must file an action.

It is crucial to select an attorney with experience handling these types of cases. Find a law firm that has a specialization in this area, and works on an hourly basis, which means you won't have to pay a dime unless you are successful. Also, you should look for a lawyer who has excellent communication and negotiation skills. This will help to ensure that you file your claim before the time limit expires.

Prescription Drugs

Many birth defect law firms defects result in mental or physical disabilities, which require expensive medical care and accommodations for the child. These problems are usually genetic, but they may also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.

Drug manufacturers have an obligation to ensure that their products are tested properly and warn consumers about any potential risks. Unfortunately some pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate possible side consequences. Some doctors recommend dangerous drugs to their patients. Some women are not informed about the risks associated with taking certain medications during pregnancy. These medications are referred to as teratogens and can cause birth defects in the fetus including spina Bifida.

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

It is essential to gather as all evidence you can prior to making a claim against the party responsible. This includes any ultrasound images, blood tests, and medical bills that came up as a result of the birth defect. This will help the attorney determine the worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking events in a woman's lifetime. It's also a time when many medical professionals make mistakes that could lead to birth defects. A top attorney can assist parents in submitting an appeal and gaining the compensation they deserve against the people responsible for the disabilities of their child.

While the causes of birth defects are often unknown to medical professionals but a large proportion of birth defects can be attributed with exposure to chemicals or the environment. This can include exposure by parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

The pharmaceutical companies and those who prescribe medicines also have a duty to warn people about the dangers. However, a significant portion of these drugs are sold off-label to women of childbearing age without warnings regarding the potential for birth defects. This is especially applicable to antidepressants, such as Prozac and Zoloft.

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