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Birth Defect Litigation

Some injuries are beyond the parents or their control. Families may be left with a huge bill when injuries require costly procedures and specialized care.

A New York birth defect lawyer can help stunned parents file a claim and get compensation to cover future expenses. The law has strict deadlines on when a claim can be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks associated with childbirth and pregnancy. Birth defects and injuries remain a possibility. Families should consider their legal options when they can be prevented.

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing personnel at any stage of pregnancy, labor and birth defect law firms. Medical professionals may also be negligent after the birth of a child if they fail provide proper treatment.

In general, the statutes of limitations for these cases are 2.5 years from the date of the medical negligence. For infants this is sometimes extended. It is essential to talk with an attorney early enough to ensure that all the evidence is gathered, and that a timely complaint be filed.

In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defects that result from wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

Parents should think about the following characteristics when choosing an attorney to represent them in a lawsuit involving birth defects or injuries:

Medical Malpractice

Birth defects can trigger an array of physical or mental problems. Some birth defects can be fatal. Some of these issues could be genetic and others may be caused by exposure to environmental factors or prescription drugs used during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects through their actions or inaction. These cases usually are based on medical negligence during delivery or labor. However, they may also include any act or inability to act that is not in the range of the medical standard of care, like failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One instance of situation involves a drug known as teratogens, which could cause birth defects that are serious. Doctors usually 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 vital to choose an attorney with expertise in these kinds of cases. You should choose a firm that has expertise in this area and works on contingency, so you don't pay nothing until you win. Choose an attorney with great negotiation and communication skills. This will help to ensure that you submit your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities, which require expensive medical care and accommodations for the child. The majority of these problems are genetically inherited, but some of them can be caused by environmental or chemical exposure, or by medications the mother consumed during pregnancy.

Drug manufacturers are required to test their products thoroughly and inform consumers of any potential risks. Unfortunately, some pharmaceutical companies fail to keep up to date with the latest research or fail to anticipate possible side effects. Some doctors prescribe dangerous drugs to their patients, and some women are not informed about the risks associated with taking certain drugs while pregnant. These drugs, also known as teratogens, may cause birth defects, such as spina-bifida in the fetus.

Other substances that could cause birth defects are chemicals used in manufacturing and agriculture and heavy metals like mercury, which are contaminating the air or groundwater. Diane Paolicelli's legal career has been focused on fighting powerful corporations who expose women to harmful chemicals and substances that can affect their reproductive health or lead to birth defects.

If you decide to file a lawsuit against the parties accountable for your child's condition it is crucial to gather the most evidence you can. Included in this are any ultrasound images, blood tests, and medical bills incurred as a result. This assists the attorney in determining the monetary value of the case.

Product Liability

Pregnancy can be one of the most exciting, yet stressful experiences in a woman's lifetime. But it's also a period where medical professionals often make mistakes that could cause birth defects. An experienced attorney can help parents make a claim against those who are responsible for their child's disabilities and obtain the compensation they deserve.

Although the causes of birth defects are often not understood by medical professionals however, a significant proportion can be linked to environmental or chemical exposure. This could include contact from 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.

Additionally, the manufacturers and those who prescribe prescription medicines have a responsibility to warn people of their risks. Yet, a large percentage of these drugs are marketed off-label to women who are pregnant age without warnings regarding the potential for 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 pharmaceutical and chemical companies. He focuses his practice on cases involving the development of birth defects that result from exposure of parents to toxic chemicals such as those used in semiconductor manufacturing as well as agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.