Birth Defect Litigation

Some injuries are out of the parents in their control. If injuries that result from these accidents require special medical attention and expensive procedures, it could leave families with huge expenses.

A New York birth defect attorney can assist parents shocked to file claims to obtain compensation for future expenses. However, the law places strict deadlines on when a claim needs to be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks that come with childbirth and pregnancy. However birth defects and injuries can still occur. If they can be prevented, families should consider their legal options.

Many birth defect suits are stemming from allegations that medical malpractice occurred. These cases can involve mistakes made by nurses or doctors staff at any time during the birth process, including labor and pregnancy. Medical professionals may also be negligent following the birth of a baby if they fail provide proper treatment.

Generally, the time-limit for these cases is 2.5 years from the date of the occurrence of medical malpractice. This time frame is extended for infants. It is essential to talk with a lawyer whenever you can to ensure that all the evidence is collected and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects caused by wrongful exposure to chemicals and toxic substances that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.

Parents should be aware of the following characteristics when choosing an attorney to represent them in a lawsuit for birth defects or injuries:

Medical Malpractice

Birth defects can trigger many mental or physical issues. Some birth defects can be fatal. Some of these issues could be genetic and others may be caused by exposure to environmental factors 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 labor or delivery. They can also include any other do something that is below the standard of medical care, such as the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of case involves a medication known as teratogens, which could cause serious birth defect law firm defects. During pregnancy, doctors typically recommend women not to take this medication, which is utilized in the treatment of seizures. If a pregnant woman is exposed to this medication, she must file an insurance claim.

It is crucial to select an attorney who has experience in these types of cases. You should look for an attorney who has experience in this field and operates on contingency basis, which means you won't be charged anything until you are successful. Also, search for an attorney who has strong communication and negotiation abilities. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require expensive medical care and accommodations for the child. Most of the time, these issues are genetic, however some of them may be caused by chemical or environmental exposure, or the medications the mother took while pregnant.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and inform consumers of any risks. Unfortunately, some pharmaceutical companies fail to keep up to date with the latest research or fail to anticipate possible side effects. Additionally, doctors can prescribe dangerous drugs to patients as well as some women do not get proper information about the risks associated with taking certain drugs during pregnancy. These are known as teratogens and can cause birth defects in the fetus including spina Bifida.

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

When bringing an action against the parties who are responsible for your child's illness it is crucial to gather the most evidence you can. This includes ultrasound scans, blood tests and medical bills that arose as a result of the birth defect. This information assists the attorney assess the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but anxiety-inducing experiences in a woman's lifetime. But it's also a period where medical professionals often make mistakes that can lead to birth defects. An experienced attorney can help parents make a claim against those who are responsible for their child's disabilities and acquire the compensation they deserve.

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

The pharmaceutical companies and those who prescribe medications are also required to warn the public about the risks. Yet, a substantial portion of these drugs are marketed off-label for women of childbearing age without proper warnings about the possibility of 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. He concentrates his practice on cases that involve the occurrence of birth defects that result from exposure of parents to toxic chemicals, including those in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.