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Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur outside of their control. Families could be faced with a large bill when injuries require costly procedures and special care.

A New York birth defect attorney can help parents who are grieving and file claims to obtain compensation for future expenses. The law has strict time limits for when claims can be filed.

Statute of Limitations

Modern medical technology and advances have made it possible to reduce the risks associated with pregnancy, childbirth and birth defect lawsuit. However, birth defects and injuries still occur. If they're preventable families must consider their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any time during pregnancy, labor and delivery processes. Medical professionals may also commit malpractice after the birth of a baby when they fail to provide the proper treatment.

In general, the statutes of limitations for these cases is 2.5 years after the date of the medical malpractice. For infants this can be extended. It is important to consult an attorney immediately to ensure that all evidence is gathered and that a timely complaint be filed.

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

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

Medical Malpractice

Birth defects can result in numerous physical or mental problems. Some birth defects can cause death. Some of these problems may be genetic and others may be caused through exposure to the environment or prescription drugs taken during pregnancy.

A doctor or medical professional could be accused of malpractice if they cause birth defects through their actions or inaction. These cases typically are based on medical negligence during delivery or labor. However, they can also include any act or inability to act in excess of the medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One example of this type of case is a medication called teratogens. It can cause serious birth defects. During pregnancy, doctors usually advise women to avoid taking this medication, which is utilized in the treatment of seizures. If a woman who is pregnant is exposed to this medication, she must make a claim.

It is essential to select an attorney who has handled these kinds of cases. You should seek out a firm that has experience in this field and is on contingency, which means you don't have to pay any fees until you win. Look for an attorney with excellent communication and negotiation skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require expensive medical care and accommodations for the child. These issues are often caused by genetics, but can also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.

Drug manufacturers are required to test their products thoroughly and warn consumers of any risks. Unfortunately some pharmaceutical companies do not keep up to date with the latest research or fail to anticipate possible adverse consequences. Certain doctors prescribe dangerous drugs to their patients. Some women aren't aware of the risks associated with taking certain medications during pregnancy. These medications are referred to as teratogens. They can cause birth defects in the fetus, including spina bifida.

Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals like 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.

It is crucial to collect as much evidence as you can prior to making a claim against the parties responsible. Included in this are any ultrasound images and blood tests as well as medical bills incurred due to. This information assists the attorney to determine the worth of the case.

Product Liability

Pregnancy is among the most exciting and anxious experiences of the life of a woman. But it's also a period where many medical professionals make mistakes that could lead to birth defects. An experienced attorney can help parents in submitting a claim and obtaining the money they deserve from those who are responsible for the impairment of their child.

Although the causes of birth defects are generally unknown to medical experts but a large proportion of birth defects are linked with exposure to chemicals or the environment. This can be due to exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.

Manufacturers and those who prescribe medication are also obliged to warn the public about the risks. Yet, a large percentage of these drugs are sold off-label to 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 chemical and pharmaceutical companies. His practice is centered around cases involving the occurrence birth defects due to parental exposure to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.