Birth Defect Litigation

Certain injuries are beyond the parents of their control. When injuries require specialized care and costly procedures, it can leave families with huge expenses.

A New York birth defect lawyer can assist parents who are shocked to file a claim and get compensation to cover the cost of future expenses. The law has strict deadlines on when a claim can be filed.

Statute of Limitations

Modern technology and medical advancements have made it possible to reduce the risks associated with childbirth, pregnancy and birth. However, birth defects and injuries do occur. If they can be prevented, families should consider their legal options.

Many birth defect suits are made on the basis of accusations of medical malpractice. These cases can involve errors made by doctors or nurses at any time during the birth, labor and delivery procedures. Medical professionals may also commit malpractice after the birth of a baby when they fail to provide the proper treatment.

In general, the statutes of limitations in these cases are 2.5 years after the date of the medical malpractice. The time frame may be extended for infants. It is important to consult a lawyer whenever you can to ensure that all the evidence is gathered, and that a timely complaint can be filed.

In addition to medical malpractice, a suit can also be filed on behalf of a baby for birth defects that result from wrongful toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

When choosing an attorney for a birth defect or birth injury lawsuit parents should consider the following characteristics:

Medical Malpractice

Birth defects can cause many mental or physical issues. Some of them could be fatal. Some of these issues are inherited, while others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional could be accused of malpractice in the event of causing a birth defect through their actions or inaction. These cases are usually based on medical negligence in labor or delivery. However, they can also include any act or inability to act that is not in the range of the medical standard of care, like failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One example of situation involves a drug called teratogens. It can cause birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug she must file an action.

It is vital to select an attorney who has previous experience in these cases. Choose a law firm that is experienced in this area and operates on the basis of a contingent fee, which means you don't have to pay any fees unless you succeed. Additionally, you should choose an attorney with excellent communication and negotiation skills. This will help ensure that you make your claim in time before the time limit expires.

Prescription Drugs

A lot of birth defect law firm defects can cause mental or physical disabilities, which require costly medical care and accommodations for the child. The majority of these problems are genetic, however some of them can be caused by environmental or chemical exposure, or by medications the mother was taking during pregnancy.

Pharmaceutical companies are required to test their products properly and inform the public about any risks that could be present. Unfortunately, some pharmaceutical companies fail to keep up with research or anticipate potential side effects. In addition, doctors can prescribe dangerous drugs to their patients, and some women do not receive the correct information regarding the dangers of taking certain medications during pregnancy. These drugs, also known as teratogens may cause birth defects, including spina-bifida in the fetus.

Other substances that could cause birth defects include chemicals used in manufacturing and agriculture, as well as heavy metals such as mercury, which are contaminating the groundwater and air. Diane Paolicelli's career in law has been focused on fighting powerful corporations who expose women to toxic chemicals and substances that may damage their reproductive health or cause birth defect attorneys defects.

When bringing a lawsuit against the parties that are accountable for your child's health, it is important to gather the most evidence you can. This includes any ultrasound scans, blood tests, and medical bills that came up as a result of the birth defect. This helps the attorney establish the financial worth of the case.

Product Liability

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

Although the causes of birth defects are often unknown to medical experts but a large proportion of birth defects can be linked to exposure to chemicals or environmental factors. This can include parental exposure to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

The pharmaceutical companies and those who prescribe medications are also obliged to warn the public about the dangers of their products. Yet, a large percentage of these medications are sold off-label to women of childbearing age, without warnings about the potential for 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 involving the occurrence birth defects resulting from parental exposure to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C., and Suffolk University Law School.