Birth Defect Litigation

Some injuries are beyond the parents of their control. Families are left with a huge bill when injuries require expensive procedures and specialized care.

A New York birth defect attorney can help parents who are in shock file claims to obtain compensation for future expenses. However, the law places strict deadlines for when a claim should be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks that come with childbirth and pregnancy. Birth defects and injuries still occur. When they are preventable, families need to explore their legal options.

Many birth defect lawsuits are founded on claims of medical malpractice. These cases could involve mistakes made by doctors or nursing staff at any point during labor, pregnancy and birth. In addition medical professionals can 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 generally 2.5 years from the date of the act of medical malpractice. This time frame is extended for infants. However, it is important to seek legal advice as soon as possible to ensure that all evidence is collected and that a timely claim be filed.

In addition to medical malpractice, a suit can also be brought on behalf of an infant for birth defects that result from wrongful exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defects lawyers can examine the claims and then prosecute them on behalf of the family.

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

Medical Malpractice

birth defect lawyers defects can lead to a variety of mental and physical problems. Some of them may even be fatal. Some of these issues are inherited, whereas others are due to exposure to the environment or the use of prescribed drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects through their actions or inaction. These cases typically involve medical negligence during the birth or labor process. However, they can include any act or failure to act that is in violation of a medical standard of care, such as failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One of these cases involves Teratogens. These drugs can cause serious birth defects. In the course of pregnancy, doctors generally advise women to stay clear of this medication, which is commonly used to treat seizures. If the woman is exposed to the drug, she must file a claim.

It is crucial to select an attorney who is experienced in handling these kinds of cases. It is best to choose an attorney who has experience in this field and works on contingency, so you won't have to pay anything until you win. Look for an attorney with outstanding negotiation and communication skills. This can help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

A variety of birth defects cause physical or birth defect attorney mental disabilities that require costly medical treatment and accommodations for the child. These disorders are usually genetic, but they may also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products properly and warn the public of any potential dangers. Unfortunately, some pharmaceutical companies fail to keep up to date with the latest research or fail to anticipate possible adverse consequences. Some doctors recommend dangerous drugs to their patients. Moreover, some women are not informed about the risks associated with using certain drugs during pregnancy. These are known as teratogens. They can cause birth defects within the fetus, such as spina bifida.

Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury that can contaminate groundwater or air. Diane Paolicelli's legal career has been dedicated to combating powerful corporations that expose women to toxic substances and chemicals that can damage their reproductive health or cause birth defects.

When filing lawsuits against the parties who are responsible for your child's illness, it is important to gather the most evidence you can. This includes any ultrasound scans, blood tests and medical bills incurred as a result of the birth defect. This information will help attorneys determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting, yet stressful experiences in a woman's lifetime. But it's also a time when medical professionals can make mistakes that can lead to birth defects. A top attorney can help parents to file a claim against the medical professionals responsible for their child's condition and obtain the compensation they deserve.

Although the causes of birth defects are often unknown to medical experts however, many of them can be attributed to exposure to chemicals or environmental factors. This can include exposure by parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for spraying crops and pesticides.

The pharmaceutical companies and those who prescribe medication must also warn the public about the risks. Yet, a substantial portion of these medications are sold off-label for women of childbearing age, without warnings about the possibility of birth defects. This is especially the case with antidepressants such as 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 where birth defects are caused by exposure of parents to toxic chemicals such as those used in semiconductor manufacturing or agricultural. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.