Birth Defect Litigation

Parents want their children to be perfect However, some injuries occur outside their control. If these injuries require special care and costly procedures, it can cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents who are stunned to file an action and receive compensation to cover the cost of future expenses. The law has strict time limits on when claims can be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks associated with pregnancy and childbirth. However, birth defects and injuries can still occur. When they are preventable, families should consider their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases may involve mistakes made by nurses or doctors at any point in the birth, labor and delivery procedures. Additionally medical professionals could be guilty of medical malpractice after a child's birth in the event that they fail to provide the proper treatment.

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

In addition to medical malpractice, a suit can also be brought on behalf of a baby for birth defects caused by wrongful toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

When selecting an attorney for a birth defect or birth injury lawsuit, parents should look for the following characteristics:

Medical Malpractice

Birth defects can cause many physical or mental problems. Some birth defects can be fatal. Some of these problems are inherited, while others are caused by exposure to environmental factors or the use of prescription drugs during pregnancy.

A medical professional or doctor could be accused of misconduct if they cause a birth defect through their actions or inaction. These cases usually involve medical negligence during the birth or labor process. They can also include any other do something that is below the standard of medical care, like the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One instance of situation involves a drug called teratogens. This medication can cause serious birth defects. During pregnancy, doctors typically recommend women not to take this medication, which is used in the treatment of seizures. If a woman who is pregnant is exposed to this drug, she should file an insurance claim.

It is essential to select an attorney who has handled these types of cases. Find a law firm that is specialized in this field and operates on the basis of a contingent fee, which means you won't have to pay a dime unless you are successful. Also, you should look for a lawyer with strong communication and negotiation 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, which require costly medical care and accommodations for the child. Often, these conditions are genetic, but some of them may be caused by environmental or chemical exposure, or medications that the mother consumed during pregnancy.

Drug manufacturers have an obligation to ensure that their products are tested properly and warn consumers about any potential risks. Unfortunately, some pharmaceutical companies fail to keep up with research or anticipate possible side consequences. Some doctors recommend dangerous drugs to their patients, and some women are not informed about the risks associated with taking certain medications while pregnant. These drugs are known as teratogens. They can cause birth defects in the fetus, including spina bifida.

Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury which can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and substances that cause harm to their reproductive health and lead to birth defect attorneys defects.

It is important to collect as much evidence as you can before filing a lawsuit against the responsible parties. This includes any ultrasound images, blood tests, and medical bills that arose due to the birth defect. This information helps attorneys determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but anxiety-inducing experiences in a woman's lifetime. It's also a time when many medical professionals make mistakes that can lead to birth defects. A top lawyer can assist parents in submitting an appeal and gaining the money they deserve from those who are responsible for the impairment of their child.

While the causes of birth defects are generally unknown to medical experts but a large proportion of birth defects can be attributed to environmental or chemical exposure. This could include contact from parents with toxic chemicals at the workplace, like glycol ethers and solvents used in semiconductor manufacturing, and agricultural chemicals used for pesticides and spraying of crops.

The pharmaceutical companies and those who prescribe medications are also obliged to warn people about the dangers. Yet, a substantial portion of these medications are sold off-label to women of childbearing age, without warnings about the risk of birth defects. This is particularly relevant for antidepressants like 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 of birth defects due to exposure of parents to toxic chemicals such as the ones used in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.