Birth Defect Litigation

Some injuries are out of the parents in their control. When these injuries require special care and costly procedures, it can result in huge costs for families.

A New York birth defect lawyer can assist parents who are shocked to file a claim and get compensation to cover future expenses. However, the law imposes strict deadlines for when a claim must 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 do remain a possibility. If they're preventable, families must consider their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any point during the pregnancy, labor and delivery procedures. Medical professionals may also be negligent after the birth of a baby 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 malpractice. This time frame may be extended for infants. It is important to consult a lawyer as soon as you can to ensure that all evidence is gathered, and that a timely complaint be filed.

A lawsuit may be filed on behalf of a child to claim birth defects caused by chemical and toxic exposures during the pregnancy. Specially trained Birth Defect Lawsuit defects lawyers can look into these claims and pursue them on behalf of the family.

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

Medical Malpractice

Birth defects can cause a variety of physical and mental problems. Certain birth defects can be fatal. Some of these issues may be caused by genetics while others are caused by environmental exposures or prescription medications used during pregnancy.

A doctor or medical professional could be accused of misconduct in the event of causing birth defects by their actions or inaction. Most cases involve medical negligence during labor or delivery. They can also be a result of any act of failure to be in compliance with a standard of medical care, for example failing to recognize an illness or prescribing incorrect medication during pregnancy.

One example of this type of situation is a drug known as teratogens, which could cause birth defects that are serious. In the course of pregnancy, doctors generally advise women to not take this medication, which is used in the treatment of seizures. If a pregnant woman is exposed to this medication, she must submit a claim.

It is essential to select an attorney who has expertise in these kinds of cases. Find a law firm that specializes in this area, and works on an on a contingency basis, meaning you won't have to pay a dime unless you are successful. Choose an attorney with outstanding negotiation and communication skills. This will help to ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

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

Drug manufacturers are required to test their products thoroughly and warn consumers about any risks. Unfortunately certain pharmaceutical companies do not keep up-to-date with current research or fail to anticipate potential side consequences. Certain doctors prescribe dangerous drugs to their patients, and some women are not informed about the risks associated with using certain drugs during pregnancy. These medications, also known as teratogens, can cause birth defects, like spina-bifida in the fetus.

Other substances that could cause birth defects include chemicals employed in the production and agricultural industries in addition to heavy metals like mercury that are contaminating groundwater or the air. Diane Paolicelli's career in law has been dedicated to fighting powerful corporations who expose women to harmful chemicals and substances that could damage their reproductive health or lead to birth defects.

When filing a lawsuit against the parties responsible for your child's condition, it is important to gather the most evidence you can. Included in this are ultrasound images or blood tests, as well as medical bills that are incurred as a result. This helps the attorney establish the financial worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful moments in a woman's life. It's also a time when medical professionals make mistakes that cause birth defects. An experienced attorney can help parents bring a lawsuit against those responsible for their child's condition and obtain the justice they deserve.

Medical experts aren't always able to determine the causes of birth defects, however a large number can be attributable to environmental or chemical exposure. This can include parental exposure to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.

Manufacturers and those who prescribe medicines also have a duty to warn people about the dangers. A large number of these medications are sold to women who are pregnant, without warnings about the risk of birth defects. This is especially applicable to antidepressants, such as Prozac and Zoloft.

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