Birth Defect Litigation

Parents want perfect children however, there are some injuries that occur outside of their control. Families could be faced with huge debts when these injuries require costly procedures and special care.

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

Statute of Limitations

Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. Birth defects and injuries do still occur. When they are preventable, families need to explore their legal options.

Many birth defect lawsuits are based on accusations of medical malpractice. These cases may involve errors committed by nurses or doctors staff at any time during pregnancy, labor and birth. Additionally, medical professionals can commit medical malpractice following a child's birth by failing to provide the correct treatment.

In general the statute of limitations in these cases are 2.5 years from the date of the medical malpractice. For infants, this period may be extended. However, it is essential to seek legal counsel early enough to ensure that all evidence is gathered and that a timely claim can be filed.

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

When choosing an attorney to represent them in a birth injury or defect lawsuit, parents should look for the following characteristics:

Medical Malpractice

Birth defects can trigger many mental or physical ailments. Some may even be fatal. Some of these issues are inherited, whereas others are due to environmental exposures or the use of prescription drugs during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects through their actions or inaction. These cases typically are based on medical negligence during delivery or labor. They also encompass any act of failure to do something that is below the standard of medical care, for example, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One example of case is a medication called teratogens, which can cause serious birth defect lawsuit defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must file a claim.

It is crucial to select an attorney who has previous experience in these cases. You should seek out an attorney with extensive experience in this field. It also works on contingency, so you won't have to pay anything until you are successful. Look for an attorney who has great negotiation and communication skills. This will help ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

Many birth defect lawsuit defects cause mental or physical disabilities, which require costly medical care and accommodations for the child. The majority of these problems are genetic, but some can be caused by chemical or environmental exposure, or the medications the mother took during pregnancy.

Drug makers are required to ensure that their products are tested properly and warn consumers about any risks. Unfortunately many pharmaceutical companies do not keep up with the latest research or anticipate the potential adverse effects. Some doctors recommend dangerous drugs to their patients. Some women are not informed about the dangers associated with taking certain drugs while pregnant. These drugs, also known as teratogens may 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 and heavy metals, like mercury, which are contaminating the groundwater or the air. Diane Paolicelli's legal career is focused on combating powerful corporations that expose women to toxic chemicals and substances that may harm their reproductive health or cause birth defects.

It is crucial to gather as much evidence as you can before filing a lawsuit against the party responsible. This includes any ultrasound images, blood tests, and medical bills that arose as a result of the birth defect. This information assists the attorney to determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxious experiences of women's lives. It's also the time when medical professionals can make mistakes that cause birth defects. An experienced attorney can help parents in submitting an action and obtaining the amount they deserve from those who are responsible for the impairment of their child.

While the causes of birth defects are usually unknown to medical experts however, many of them are 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 pesticides and crop spraying.

Furthermore, manufacturers and the people who prescribe prescription medications are required to inform patients of the risks. A large number of these medications are sold to women who are pregnant, without warnings about the possibility of birth defects. This is especially the case with antidepressants such as 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 development of birth defects that result from exposure of parents to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C. as well as Suffolk University Law School.