Birth Defect Litigation

Parents want perfect babies, but some injuries happen beyond their control. Families may be left with huge debts when these injuries require costly procedures and specialized care.

A New York birth defect attorney can assist parents in shock to file an action to receive compensation for future expenses. The law has strict time limitations on when a claim may be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce risks related to pregnancy, childbirth and birth. However, birth defects and injuries do occur. When they are preventable, families must explore their legal options.

Many birth defect suits are made on the basis of claims of medical malpractice. These cases may involve mistakes made by nurses or doctors at any point in the pregnancy, labor and delivery processes. Medical professionals can also be negligent following the birth of a child if they fail provide proper treatment.

Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the act of medical malpractice. For infants, the time period can be extended. It is important to consult a lawyer immediately to ensure that all the 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 improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

Parents should take into consideration the following characteristics when choosing an attorney to represent their interests in a lawsuit filed for birth injury or defect:

Medical Malpractice

Birth defects can cause a variety of physical and mental problems. Some of them may even be fatal. Some of these issues could be caused by genetics and others may be caused by exposure to environmental factors or prescription drugs taken during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defect law firm defects due to their actions or inaction. These cases typically involve medical negligence during the birth or labor process. However, they can also include any act or failure to act that is not in the range of a medical standard of care, like failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example involves the teratogens. These drugs can result in serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should file an insurance claim.

It is vital to choose an attorney who has prior experience in these types of cases. It is best to choose an attorney with expertise in this area and works on contingency, so you don't have to pay any fees until you win. Also, you should look for a lawyer who has excellent communication and negotiation abilities. This will help ensure that you submit your claim before the statute of limitations expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, that require costly medical treatment and accommodations for the child. Most often, these disorders are genetic, however some can be caused by chemical or environmental exposure, or medications that the mother was taking during pregnancy.

Drug makers are required to test their products properly and inform the public about any risks that could be present. Sadly certain pharmaceutical companies do not keep up with research or foresee potential side effects. Furthermore, doctors may prescribe dangerous medications to their patients, and some women do not receive adequate information on the dangers of taking certain medications during pregnancy. These drugs, known as teratogens may cause birth defects such as spina-bifida that can occur in the fetus.

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

When filing an action against the parties responsible for your child's condition, it is important to gather as much evidence as you can. Included in this are any ultrasound images, blood tests, and medical bills incurred due to. This will help the attorney determine the financial value of the case.

Product Liability

Pregnancy is among the most exciting, yet anxiety-inducing experiences in women's lives. It's also the time when many medical professionals can make mistakes that can lead to birth defects. A top attorney can assist parents in submitting a claim and obtaining the compensation they deserve against those responsible for the handicap of their child.

Medical experts aren't always able of determining the causes of birth defects, however many of them can be attributable to environmental or chemical exposure. This can include exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in pesticides and crop spraying.

The manufacturers and the people who prescribe medications are also required to inform the public about their risks. Yet, a substantial portion of these drugs are offered off-label to women of childbearing age without adequate warnings about the risk of birth defects. This is particularly true for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases involving the occurrence birth defect attorneys defects due to exposure of parents to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He is a graduate of the American University in Washington, D.C. as well as Suffolk University Law School.