Birth Defect Litigation

Some injuries are beyond the parents or their control. Families are left with a huge bill when injuries require costly procedures and special care.

A New York birth defect attorney can assist parents who are grieving and file claims to obtain 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 associated with childbirth and pregnancy. However, birth defects and injuries still occur. When they are preventable, families must explore their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any time during labor, birth and pregnancy. Additionally medical professionals could be guilty of medical malpractice after the birth defect law firms of a baby if they fail to provide the correct treatment.

In general, the statutes of limitations in these cases is 2.5 years after the date of the medical malpractice. This time frame may be extended for infants. It is nevertheless important to seek legal counsel early enough to ensure that all evidence is gathered and that a timely claim can be filed.

A lawsuit may be filed on behalf of a child in relation to birth defects that are caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

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

Medical Malpractice

Birth defect lawsuit defects can cause various mental and physical problems. Some of them could be fatal. Some of these issues could be caused by genetics and others may be caused by exposure to the environment or prescription medications used during pregnancy.

A doctor or medical professional could be accused of malpractice in the event of causing birth defects by their actions or inaction. These cases are usually caused by medical negligence during delivery or labor. However, they can be a result of any action or failure to act that falls short of the medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One such case involves Teratogens. These drugs can result in serious birth defects. When pregnant, doctors usually advise women to avoid taking this medication, which is used to treat seizures. If an individual is exposed to the drug then she should make an action.

It is essential to choose an attorney with experience in these types of cases. Find a law firm that is specialized in this area, and works on an hourly basis, which means you don't pay anything unless you are successful. Additionally, you should choose an attorney who has strong negotiation and communication skills. This will ensure that you submit your claim before the statute of limitation expires.

Prescription Drugs

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

Drug manufacturers are required to adequately test their products and warn consumers about any risks. Unfortunately, some pharmaceutical companies don't keep up to date with the latest research or fail to anticipate possible adverse effects. Furthermore, doctors may prescribe dangerous medicines to their patients and women may not receive the correct information regarding the risks of taking certain drugs during pregnancy. These drugs, also known as teratogens can cause birth defects, like spina-bifida in the fetus.

Other substances that may cause birth defects are chemicals that are used in manufacturing and agriculture and heavy metals, like mercury that are contaminating groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and substances that can damage their reproductive health and lead to birth defects.

It is crucial to collect as the evidence you can before filing a lawsuit against the party responsible. This includes any ultrasound scans, blood tests and medical bills that arose as a result of the birth defect. This assists the attorney in determining the worth of the case.

Product Liability

Pregnancy is among the most exciting, yet stressful experiences in the life of a woman. It's also the time that medical professionals are prone to making mistakes that lead to birth defects. An experienced attorney can assist parents to file a claim against the medical professionals responsible for their child's condition and receive the amount of compensation they deserve.

Medical experts aren't always able determine the root of birth defects, but most of them can be attributable to environmental or chemical exposure. This could include exposure of parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for crop spraying and pesticides.

The pharmaceutical companies and those who prescribe medicines must also inform the public about their risks. However, a lot of these drugs are sold off-label to women of childbearing age without warnings regarding the potential for 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 pharmaceutical and chemical companies. He focuses his practice on cases where birth defects are caused by exposure to toxic chemicals by parents like those employed in semiconductor manufacturing or agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.