Birth Defect Litigation

Certain injuries are beyond the parents' control. If injuries that result from these accidents require special care and costly procedures, it could cause families to incur huge costs.

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

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks associated with pregnancy and childbirth. However birth defects and injuries continue to occur. Families need to explore their legal options when they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes made by doctors or nurses at any time during pregnancy, labor and delivery procedures. Additionally, medical professionals can commit medical malpractice following the birth of a child by failing to provide proper care.

Generally, the time limit for these cases is generally 2.5 years from when the act was committed of medical negligence. For infants, the time period may be extended. It is crucial to consult a lawyer whenever you can to ensure that all evidence is collected, and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of a baby for birth defects resulting from improper toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

Parents should consider the following characteristics when choosing an attorney to represent their interests in a lawsuit filed for birth defects or birth injuries:

Medical Malpractice

Birth defects can result in an array of mental or physical ailments. Some birth defects can be fatal. Some of these problems may be genetic while others are caused by exposure to the environment or prescription medications taken during pregnancy.

A medical professional or doctor may be accused of negligence when they cause a birth defect through their actions or inaction. These cases usually are due to medical negligence during delivery or labor. They can also include any perform a task that is not within the standard of medical treatment, for instance, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of this type of case involves a medication called teratogens, which can cause serious birth defects. Doctors typically 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 submit an insurance claim.

It is essential to select an attorney who is experienced in handling these types of cases. Choose a law firm that specializes in this area, and works on an on a contingency basis, meaning there is no cost unless you succeed. Look for an attorney with an excellent ability to communicate and negotiate. This will help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

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

Drug manufacturers are required to thoroughly test their products and warn consumers about any potential risks. Unfortunately, some pharmaceutical companies fail to keep up-to-date with current research or fail to anticipate possible adverse effects. Some doctors recommend dangerous drugs to their patients and some women are not aware of the risks of taking certain medications during pregnancy. These are known as teratogens. They can cause birth defects in the fetus, such as spina bifida.

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

If you decide to file a lawsuit against the parties that are accountable for your child's health it is essential to gather the most evidence you can. This includes ultrasound scans, blood tests and medical bills that arise because of the birth defect. This will help the attorney determine the financial worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but anxiety-inducing experiences in a woman's lifetime. However, it's also a time when many medical professionals make mistakes that can lead to birth defect law firm defects. A top attorney can help parents to file a claim against the medical professionals accountable for their child's handicap and obtain the amount of compensation they deserve.

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

Additionally, the manufacturers and those who prescribe prescription medications have a responsibility to inform people of their risks. Yet, a substantial portion of these drugs are marketed off-label to women of childbearing age without adequate warnings about the risk of birth defects. This is especially applicable to antidepressants such Prozac and Zoloft.

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