Birth Defect Litigation

Some injuries are beyond the parents or their control. Families could be faced with a large bill when injuries require expensive procedures and special care.

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

Statute of limitations

Modern technology and medical advancements have helped reduce the risks of childbirth and pregnancy. Birth defects and injuries do still occur. Families need to consider their legal options if they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes made by doctors or nurses at any time during the pregnancy, labor and delivery processes. Additionally medical professionals can be guilty of medical malpractice following the birth of a baby if they fail to provide proper care.

In general, the statutes of limitations in these cases is 2.5 years after the date of the medical mistake. For infants this period can be extended. It is essential to talk with a lawyer whenever you can to ensure that all evidence is collected and that a timely complaint can be filed.

In addition to medical malpractice, a suit could also be filed on behalf of an infant for birth defects caused by wrongful exposure to chemicals and toxic substances 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 think about the following qualities when selecting an attorney to represent their interests in a lawsuit filed for birth defects or injuries:

Medical Malpractice

Birth Defect lawsuit defects can trigger an array of mental or physical issues. Some birth defects may be fatal. Some of these problems may be genetic while others are caused by exposure to environmental factors or prescription medications used during pregnancy.

A medical professional or doctor could be convicted of malpractice if they cause birth defects through their actions or inaction. The majority of these cases are based on medical negligence during delivery or labor. They can also include any act of failure to perform a task that is not within the standard of medical care, for example, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of case is a medication known as teratogens, which could cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug, then she should make a claim.

It is important to choose an attorney who is experienced in handling these kinds of cases. It is best to choose an attorney with years of experience in this field and is based on contingency, meaning that you don't have to pay anything until you win. Also, search for a lawyer who has excellent communication and negotiation skills. This will ensure that you submit your claim before the time limit expires.

Prescription Drugs

Many birth defect attorneys defects can cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. Most often, these disorders are genetically inherited, but some of them may be caused by environmental or chemical exposure or medication that the mother took during pregnancy.

Drug manufacturers have an obligation to ensure that their products are tested properly and warn consumers of any risks. Sadly some pharmaceutical companies fail to keep up with research or anticipate possible side effects. In addition, doctors can prescribe dangerous medicines to their patients and some women do not have adequate information about the dangers of taking certain medications during pregnancy. These medications are referred to as teratogens, and they could cause birth defects in the fetus, such as spina bifida.

Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals such as mercury that contaminate air or groundwater. Diane Paolicelli's legal profession has been focused on fighting powerful corporations that expose women to harmful chemicals and substances that can affect their reproductive health or lead to birth defects.

It is important to collect as all evidence you can before making a claim against the parties accountable. Included in this are any ultrasound images, blood tests, and medical bills incurred as a result. This information assists the attorney to determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but anxious experiences of a woman's lifetime. It's also a time when many medical professionals make mistakes that can cause birth defects. A top lawyer can help parents make a claim against those responsible for their child's disability and receive the compensation they deserve.

Although the causes of birth defects are generally not understood by medical professionals but a large proportion of birth defects can be attributed to environmental or chemical exposure. This can include parental exposure to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in spraying for crops and pesticides.

Manufacturers and those who prescribe medication are also obliged to inform the public about the dangers of their products. However, a lot of these drugs are sold off-label to women of childbearing age without adequate warnings about the possibility of birth defects. This is particularly applicable to antidepressants such Prozac and Zoloft.

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