Birth Defect Litigation

Parents want their children to be perfect However, some accidents happen outside of their control. Families are left with a large bill when injuries require expensive procedures and specialized care.

A New York birth defect attorney can assist parents shocked to file claims to obtain compensation for future expenses. The law has strict deadlines on when claims can be filed.

Statute of Limitations

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

Many birth defect suits are based on allegations that medical malpractice occurred. These lawsuits can result from mistakes committed by nurses or doctors staff at any stage of pregnancy, labor and birth. Additionally, medical professionals can commit medical malpractice following a child's birth in the event that they fail to provide proper care.

Generally speaking, the statute of limitations in these cases is generally 2.5 years from the date of the occurrence of medical malpractice. For infants, the time can be extended. It is nevertheless important to seek legal counsel immediately to ensure that all evidence is collected and that a timely claim be filed.

A lawsuit may be filed on behalf of a child in relation to birth defects caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

Parents should take into consideration the following aspects when choosing an attorney to represent them in a suit for birth defects or injuries:

Medical Malpractice

Birth defects can result in many mental or physical issues. Some may even be fatal. Some of these issues may be caused by genetics while others are triggered by exposure to the environment or prescription drugs taken during pregnancy.

A doctor or medical professional could be accused of malpractice in the event of causing birth defects by their actions or inaction. These cases typically are based on medical negligence in labor or delivery. However, they can include any act or failure to act that is in violation of a medical standard of care, like not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One such case involves the teratogens. These medications can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug, it is recommended that she make a claim.

It is important to select an attorney who is experienced in handling these kinds of cases. You should seek out an attorney with experience in this field and is on contingency, which means you don't have to pay anything until you are successful. Choose an attorney with great negotiation and communication skills. This will ensure that you submit your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require expensive medical treatment and accommodations for the child. Often, these conditions are genetic, however some of them may be caused by environmental or chemical exposure, or the medications the mother consumed during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and inform the public about any risks that could be present. Unfortunately some pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate possible side consequences. Moreover, doctors may prescribe dangerous medications to their patients as well as some women do not have adequate information about the risks of taking certain drugs during pregnancy. These are known as teratogens and may cause birth defects in the fetus, such as spina bifida.

Other substances that could cause birth defect attorneys defects are chemicals that are used in manufacturing and agriculture in addition to heavy metals such as mercury, which are contaminating the groundwater or air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and substances that cause harm to their reproductive health and lead to birth defects.

It is crucial to collect as much evidence as you can before filing a suit against the parties accountable. This includes blood tests, ultrasound images and medical bills incurred because of the birth defect. This information helps the attorney to determine the worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful experiences a woman can go through in her life. However, it's also a time where many medical professionals make mistakes that can cause birth defect lawsuits defects. A reputable attorney can assist parents in submitting claims and getting the compensation they deserve from those who are responsible for the impairment of their child.

Medical experts aren't always able to pinpoint the exact cause of birth defects, but many of them can be due to environmental or chemical exposure. This could include contact from parents with toxic chemicals at the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as crop spraying.

In addition, the manufacturer and those who prescribe prescription medicines must inform people of their risks. A large number of these medications are sold to pregnant women without warnings about the risk of birth defect. This is especially the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. His practice is centered around cases involving the occurrence of birth defects due to 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.