Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur out of their control. When these injuries require special treatment and expensive procedures, it can result in huge costs for families.

A New York birth defect lawyer can assist parents who are stunned to file an action and receive compensation to pay for 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 that come with childbirth and pregnancy. However birth defects and injuries can still occur. If they're preventable, families must consider their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes made by doctors or nurses at any time during birth, labor and delivery procedures. Medical professionals may also commit malpractice after the birth of a baby in the event that they fail to provide appropriate treatment.

Generally speaking, the statute of limitations in these cases is generally 2.5 years from the date of the act of medical negligence. For infants this period may be extended. It is essential to talk with an attorney 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 may also be filed on behalf of a baby for birth defects caused by improper toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can look into the claims and then prosecute them on behalf of the family.

Parents should think about the following qualities when selecting an attorney to represent them in a lawsuit involving birth defects or Birth Defect Lawsuit injuries:

Medical Malpractice

Birth defects can lead to numerous mental or physical issues. Some birth defect lawsuit defects may cause death. Some of these issues may be caused by genetics while others are triggered through exposure to the environment or prescription drugs used during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects by their actions or inaction. These cases are usually based on medical negligence in labor or delivery. However, they may also include any act or inability 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 instance of case is a medication called teratogens, which can cause birth defects that are serious. When pregnant, doctors usually advise women to stay clear of this medication, which is commonly used to treat seizures. If a pregnant woman is exposed to this medication, she must make a claim.

It is crucial to select an attorney with experience handling these types of cases. You should seek out a firm that has expertise in this area and operates on contingency basis, which means you won't have to pay any fees until you win. Look for an attorney who has outstanding negotiation and communication skills. This will help ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

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

Drug manufacturers have an obligation to ensure that their products are tested properly and warn consumers about any potential risks. Unfortunately many pharmaceutical companies do not keep up with research or anticipate possible side consequences. Certain doctors prescribe dangerous drugs to their patients, and some women are not informed about the risks associated with taking certain medications during pregnancy. These drugs are referred to as teratogens, and they can cause birth defects within the fetus, including spina bifida.

Other substances that could cause birth defects are chemicals used in manufacturing and agriculture, as well as heavy metals such as mercury that are contaminating groundwater or air. Diane Paolicelli's legal career has been focused on fighting powerful corporations who expose women to toxic chemicals and substances that can cause harm to their reproductive health and lead to birth defects.

It is important to collect as the evidence you can before making a claim against the responsible parties. This includes ultrasound images, blood tests and medical bills that arose due to the birth defect. This will help the attorney determine the value of the case.

Product Liability

Pregnancy is among the most exciting, yet stressful experiences in women's lives. However, it's also a time where medical professionals often make mistakes that can lead to birth defects. An experienced attorney can help parents in submitting a claim and obtaining the compensation they deserve from those who are responsible for the impairment of their child.

Medical experts are not always able to pinpoint the root of birth defects, but many of them can be attributable to environmental or chemical exposure. This can include exposure by parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.

In addition, the manufacturer and those who prescribe prescription medications have a responsibility to inform people of their risks. A significant portion of these drugs are marketed to pregnant women without warnings about the possibility of birth defects. This is particularly true 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 is centered around cases where birth defects are caused by exposure to toxic chemicals by parents such as those that are used in semiconductor manufacturing or agriculture. He is a graduate of the American University in Washington, D.C. as well as Suffolk University Law School.