Birth Defect Litigation

Parents want their children to be perfect However, some injuries occur outside their control. When these injuries require special medical attention and expensive procedures, it can result in huge costs for families.

A New York birth defect attorney can assist parents shocked to file a claim to get compensation for future expenses. However, the law puts strict deadlines when a claim should be filed.

Statute of Limitations

Modern technology and medical advances have made it possible to reduce the risks associated with pregnancy, childbirth and birth. Birth defects and injuries do persist. If they're preventable families need to explore their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve mistakes made by doctors or nursing personnel at any stage of labor, pregnancy and birth. Medical professionals may also be guilty of malpractice following the birth of a baby in the event that they fail to provide appropriate treatment.

In general the statute of limitations in these cases are 2.5 years from the date of the medical mistake. For infants this period may be extended. It is essential to talk with an attorney immediately to ensure that all the evidence is gathered and that a timely complaint can be filed.

A lawsuit can be filed on behalf of a baby for birth defects that are caused by chemical and toxic exposures during the pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

Parents should take into consideration the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth defects or birth injuries:

Medical Malpractice

Birth defects can result in many physical or mental problems. Some of them can be fatal. Some of these issues may be caused by genetics while others are triggered through exposure to the environment or prescription medications used during pregnancy.

A doctor or medical professional may be accused of negligence when they cause birth defects through their actions or inaction. These cases usually involve medical negligence during the birth or labor process. They may also involve any perform a task that is not within the standard of medical care, such as, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One example involves Teratogens. These medications can cause serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug it is recommended that she make a claim.

It is essential to select an attorney who has experience in handling these types of cases. You should seek out an attorney who has expertise in this area and is based on contingency, meaning that you don't pay anything until you are successful. Find an attorney who has outstanding negotiation and communication skills. This will ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities that require expensive medical treatment and accommodations for the child. Often, these conditions are genetic, but some of them may be caused by environmental or chemical exposure, or by medications the mother was taking during pregnancy.

Pharmaceutical manufacturers are required to test their products correctly and inform the public about any potential risks. Sadly some pharmaceutical companies do not keep up with the latest research or anticipate possible side effects. Certain doctors prescribe dangerous drugs to their patients, and some women aren't aware of the risks of using certain drugs during pregnancy. These medications, also known as teratogens can cause Birth defect Lawsuit defects, such as spina-bifida, in the fetus.

Other substances that could cause birth defects include chemicals that are used in manufacturing and agriculture in addition to heavy metals such as mercury, which are contaminating the groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and substances that affect their reproductive health and cause birth defects.

If you decide to file a lawsuit against the parties responsible for your child's condition it is essential to gather as much evidence as possible. This includes any ultrasound images, blood tests, and medical bills that arise because of the birth defect. This allows the attorney to determine the financial value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful times in a woman's life. It's also the time when medical professionals can make mistakes that lead to birth defects. An experienced attorney can help parents make a claim against those responsible for their child's disability and receive the justice they deserve.

While the causes of birth defects are typically not understood by medical professionals, a significant number are linked to exposure to chemicals or environmental factors. This can be due to exposure by parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.

Manufacturers and those who prescribe medicines are also required to warn the public about the dangers of their products. However, a significant portion of these drugs are sold off-label to women who are pregnant age without warnings regarding the risk of birth defects. This is especially true 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. He focuses his practice on cases where birth defects are caused by parental exposure to toxic chemical, such as those used in semiconductor manufacturing or agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.