Birth Defect Litigation

Parents want perfect children, but some injuries happen outside of their control. When injuries require specialized care and costly procedures, it could cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents who are shocked to file an action and receive compensation to pay for future expenses. The law has strict deadlines on when claims can be filed.

Statute of Limitations

Modern medical technology and advances have made it possible to reduce the risks that are associated with childbirth, pregnancy and birth. However, birth defects and injuries do occur. When they are preventable, families must explore their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases can involve errors committed by nurses or doctors at any point during the labor and delivery processes. Medical professionals may also be negligent after the birth of a child if they fail provide proper treatment.

Generally, the time-limit for these cases is generally 2.5 years from the date of the act of medical negligence. For infants, the time period can be extended. It is essential to speak with an attorney as soon as you can to ensure that all the evidence is collected, and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of an infant for birth defects caused by improper toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

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

Medical Malpractice

Birth defects can lead to a wide range of mental or physical problems. Some birth defects can be fatal. Some of these issues could be genetic while others are triggered by environmental exposures or prescription drugs used during pregnancy.

A medical professional or doctor could be accused of malpractice when they cause a birth defect through their actions or inaction. The majority of these cases are due to medical negligence during delivery or labor. However, they may also include any act or failure to act that is in violation of a medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One instance of situation involves a drug called teratogens. This medication can cause serious birth defects. During pregnancy, doctors typically advise women to not take this medication, which is utilized to treat seizures. If a pregnant woman is exposed to this drug, she should file an insurance claim.

It is important to choose an attorney who is experienced in handling these types of cases. You should choose an attorney with years of experience in this field and works on contingency, so you don't have to pay anything until you win. Also, look for an attorney who has strong negotiation and communication abilities. This will help ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require costly medical care and accommodations for the child. These issues are often genetic, 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 potential risks. Unfortunately certain pharmaceutical companies fail to keep up with research or anticipate possible side effects. Furthermore, doctors may prescribe dangerous medicines to their patients and some women do not have adequate information about the dangers of taking certain drugs during pregnancy. These are known as teratogens and 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, and heavy metals like mercury which pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and substances that can cause harm to their reproductive health and lead to birth defects.

If you are filing lawsuits against the people responsible for your child's condition, it is important to gather as much evidence as possible. This includes any ultrasound images, blood tests, and medical bills that arise due to the birth defect. This assists the attorney in determining the monetary worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking experiences a woman can go through in her life. But it's also a period where many medical professionals make mistakes that can lead to birth defects. A reputable attorney can assist parents in submitting a claim and obtaining the compensation they deserve from those responsible for the handicap of their child.

Although the causes of birth defects are usually unknown to medical professionals but a large proportion of birth defects can be attributed with exposure to chemicals or the environment. This could include contact from parents with toxic chemicals at the workplace, like glycolethers and solvents utilized in semiconductor manufacturing as well as agricultural chemicals for pesticides and spraying on crops.

Furthermore, manufacturers and those who prescribe prescription drugs have a responsibility to inform patients of the risks. However, a significant portion of these medications are sold off-label to women who are pregnant age without proper warnings about the potential for birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases involving the occurrence birth defect lawyer defects that result from exposure of parents to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.