Birth Defect Litigation

Some injuries are out of the parents' control. When these injuries require special treatment and expensive procedures, it could cause families to incur huge costs.

A New York birth defect lawsuit defect lawyer can assist parents in filing an appeal and obtain compensation to cover future costs. The law has strict time limits 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. Birth defects and injuries remain a possibility. Families need to explore their legal options if they are preventable.

Many birth defect suits are stemming from claims of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing staff at any stage of labor, birth and pregnancy. In addition medical professionals can be guilty of medical malpractice following the birth of a baby when they fail to provide proper care.

In general the statute of limitation for these cases are 2.5 years from the date of the medical malpractice. The time frame may be extended for infants. It is essential to talk with an attorney immediately to ensure that all evidence is collected, and that a timely complaint can be filed.

A lawsuit can be filed on behalf of a child for birth defects that are caused by toxic and chemical exposures during the pregnancy. Lawyers specially trained in birth defect Law firms defects can investigate and pursue these claims on behalf of the family.

Parents should take into consideration the following qualities when selecting an attorney to represent them in a suit for birth injury or defect:

Medical Malpractice

Birth defects can result in a wide range of mental or physical ailments. Some of them may even be fatal. Some of these issues are inherited, while others are caused by exposure to environmental factors or the usage of prescription medications during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects as a result of their actions or inaction. These cases usually involve medical negligence during labor or delivery. However, they may also comprise any act or failure to act that is not in the range of a medical standard of care, like failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One of these cases involves Teratogens. These drugs can result in birth defects that are serious. During pregnancy, doctors usually advise women to stay clear of this medication, which is used in the treatment of seizures. If a woman is exposed to the drug then she must file an insurance claim.

It is essential to select an attorney with prior experience in these types of cases. It is best to choose a firm with experience in this field and works on contingency, so you don't pay nothing until you win. Also, search for a lawyer with strong negotiation and communication skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities, that require costly medical treatment and accommodations for the child. These disorders are usually genetic, but they may also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.

Pharmaceutical companies are required to ensure that their products are tested properly and inform the public of the potential dangers. Unfortunately, some pharmaceutical companies do not keep up with research or anticipate possible side effects. Furthermore, doctors may prescribe dangerous drugs to patients and women may not get proper information about the risks associated with taking certain drugs during pregnancy. These drugs, referred to as teratogens may cause birth defects such as spina-bifida that can occur in the fetus.

Other substances that may cause birth defects are chemicals used in agriculture and manufacturing in addition to heavy metals like mercury that are contaminating air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and substances that could harm their reproductive health and cause birth defects.

It is essential to gather as much evidence as you can before making a claim against the parties responsible. This includes blood tests, ultrasound images and medical bills that arise because of the birth defect. This information assists the attorney assess the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, and anxiety-inducing experiences in the life of a woman. It's also a time where medical professionals make mistakes that cause birth defects. An experienced attorney can assist parents bring a lawsuit against those responsible for their child's condition and receive the compensation they deserve.

Medical experts aren't always able to determine the exact cause of birth defects, however most of them can be due to environmental or chemical exposure. This may include contact by parents with toxic chemicals in the workplace, like solvents and glycol ethers used in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as crop spraying.

Manufacturers and those who prescribe medication are also obliged to warn the public about the risks. Yet, a large percentage of these drugs are marketed off-label for women of childbearing age without proper warnings about the potential for birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases that involve the occurrence of birth defects caused by parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He is a graduate of the American University in Washington, D.C. and Suffolk University Law School.