Birth Defect Litigation

Parents want perfect babies, but some injuries happen beyond their control. If injuries that result from these accidents require special treatment and expensive procedures, it could leave families with huge expenses.

A New York birth defect lawyer can help stunned parents file an appeal and obtain compensation to cover future expenses. However, the law places strict deadlines on when a claim needs to be filed.

Statute of limitations

Modern medical technology and advances have helped to reduce risks that are associated with childbirth, pregnancy and birth. However birth defects and injuries continue to occur. Families should consider their legal options if they are preventable.

Many birth defect suits are made on the basis of allegations of medical malpractice that occurred. These lawsuits can be based on mistakes committed by nurses or doctors at any time during the birth, labor and delivery procedures. Medical professionals may also be negligent after the birth of a baby by failing to provide the correct treatment.

In general, the statutes of limitations for these cases is 2.5 years from the date of the medical mistake. The time frame is extended for infants. It is essential to speak with an attorney as soon as you can to ensure that all the evidence is collected and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant for birth defects caused by wrongful exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

Parents should think about the following aspects when choosing an attorney to represent them in a lawsuit involving birth defect or injury:

Medical Malpractice

Birth defects can lead to a variety of physical and mental problems. Certain birth defects could cause death. Some of these problems may be caused by genetics, while others are caused by environmental exposures or prescription drugs used during pregnancy.

A doctor or medical professional may be accused of malpractice when they cause birth defects by their actions or inaction. The most common cases involve medical negligence during the birth or labor process. However, they may also comprise any act or failure to act that is in violation of the medical standard of care, like failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One such type of situation is a drug called teratogens. It 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 an individual is exposed to the drug, it is recommended that she file an insurance claim.

It is vital to choose an attorney with experience in these types of cases. Find a law firm that has a specialization in this area, and works on an on a contingency basis, meaning you don't have to pay any fees unless you win. Also, search for a lawyer who has excellent communication and negotiation abilities. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities, which require expensive medical care and accommodations for the child. These conditions are often genetic, but can also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.

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

Other substances that may cause birth defects include chemicals employed in the production and agricultural industries as well as heavy metals, like mercury that are contaminating groundwater or the air. Diane Paolicelli's legal career has been dedicated to fighting powerful corporations that expose women to harmful chemicals and substances that could affect their reproductive health or cause birth defects.

If you are filing an action against the parties accountable for your child's condition it is essential to gather the most evidence you can. This includes any ultrasound scans, blood tests, and medical bills that came up due to the birth defect. This helps the attorney establish the financial value of the case.

Product Liability

Pregnancy is among the most exciting, and anxiety-inducing experiences in a woman's lifetime. It's also a time when many medical professionals make mistakes that could cause birth defects. An experienced attorney can assist parents to file a claim against the medical professionals responsible for their child's disability and get the compensation they deserve.

While the causes of birth defects are generally not understood by medical professionals however, a significant proportion can be linked to exposure to chemicals or environmental factors. This can include parental exposure to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for crop spraying and pesticides.

In addition, manufacturers and those who prescribe prescription medicines have a responsibility to warn patients of the risks. Yet, a large percentage of these medications are sold off-label to women who are pregnant age without adequate warnings about the potential for birth defects. This is particularly 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 involving the occurrence of birth defects resulting from exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.