Birth Defect Litigation

Certain injuries are beyond the parents in their control. When these injuries require special treatment and costly procedures, it can leave families with huge expenses.

A New York birth defect lawyer can assist parents who are stunned to file an action and receive compensation to pay for future expenses. However, the law imposes strict deadlines on when a claim should be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks that come with childbirth and pregnancy. Birth defects and injuries do continue to occur. Families must consider their legal options if they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any time during labor, pregnancy and birth. Medical professionals can also be negligent following the birth of a child by failing to provide the correct treatment.

In general the statute of limitations in these cases is 2.5 years from the date of the medical negligence. The time frame can be extended to infants. It is essential to speak with a lawyer as soon as you can to ensure that all evidence is collected and that a timely complaint be filed.

A lawsuit may be filed on behalf of a baby for birth defects that are caused by chemical and toxic 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 defect or birth injury lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can trigger numerous physical or mental problems. Certain birth defects could be fatal. Some of these issues are genetic, but others are caused by exposure to environmental factors or the use of prescribed drugs during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects through their actions or inaction. These cases usually involve medical negligence during the birth or labor process. They can also include any act which falls below a standard of medical treatment, for instance the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of case is a medication called teratogens. This medication can cause birth defects that are serious. 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 medication, she must submit an insurance claim.

It is essential to choose an attorney with expertise in these kinds of cases. Find a law firm that is experienced in this area and operates on an hourly basis, which means you won't have to pay a dime unless you get the case won. Look for an attorney with excellent communication and negotiation skills. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. These issues are often genetic, but can also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to ensure that their products are tested properly 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. In addition, doctors can prescribe dangerous drugs to patients and some women do not get proper information about the risks associated with taking certain medications during pregnancy. These medications, also known as teratogens may cause birth defects, like spina-bifida, in the fetus.

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

If you decide to file lawsuits against the people responsible for your child's condition it is crucial to gather the most evidence you can. Included in this are ultrasound images or blood tests, as well as medical bills incurred due to. This information assists the attorney determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, and anxious experiences of the life of a woman. But it's also a time where medical professionals often make mistakes that could lead to birth defects. A reputable attorney can assist parents in submitting claims and getting the amount they deserve from those responsible for the handicap of their child.

Although the causes of birth defects are typically not understood by medical professionals however, a significant proportion are linked to exposure to chemicals or environmental factors. This could be due to contact by parents with toxic chemicals in the workplace, like glycol ethers and solvents used in semiconductor manufacturing, and chemical pesticides used in agriculture and spraying crops.

The pharmaceutical companies and those who prescribe medications must also warn people about the dangers. A large number of these drugs are marketed to pregnant women without warnings about the possibility of birth defect. This is especially applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects result from exposure of parents to toxic chemicals such as those that are employed in semiconductor manufacturing or farming. He graduated from American University in Washington, D.C. and Suffolk University Law School.