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Birth Defect Litigation

Some injuries are beyond the parents of their control. Families may be left with a huge bill when injuries require costly procedures and special attention.

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

Statute of Limitations

Modern technology and medical advancements have helped reduce the risks associated with pregnancy and childbirth. However, birth defects and injuries still occur. Families need to explore their legal options if they are preventable.

Many birth defect suits are founded on accusations of medical malpractice. These cases can involve errors made by nurses or doctors at any point during the pregnancy, labor and delivery procedures. Medical professionals may also commit malpractice after the birth of a child when they fail to provide the proper treatment.

Generally speaking, the time-limit for these cases is generally 2.5 years from the date of the occurrence of medical negligence. This time period may be extended for infants. It is essential to speak with an attorney immediately to ensure that all the evidence is collected, and that a timely complaint be filed.

In addition to medical malpractice, a suit may also be filed on behalf of an infant for birth defects caused by improper toxic and chemical exposures that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

Parents should think about the following characteristics when choosing an attorney to represent their interests in a lawsuit filed for birth defects or injuries:

Medical Malpractice

Birth defects can lead to a wide range of mental or physical problems. Some birth defects can be fatal. Some of these problems are caused by genetics, while others are caused by exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects through their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they can include any act or failure to act that falls short of the medical standard of care, like failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One such type of situation involves a drug called teratogens, which can cause serious birth defects. When pregnant, doctors usually advise women to stay clear of this medication, which is utilized to treat seizures. If the woman is exposed to the drug, then she should make an action.

It is important to select an attorney with experience handling these kinds of cases. Look for a law firm that specializes in this area, and Birth Defects works on an hourly basis, which means you don't have to pay any fees unless you win. Look for an attorney with excellent communication and negotiation skills. This will help ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

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

Drug makers are required to test their products thoroughly and warn consumers of any risks. Unfortunately, some pharmaceutical companies do not keep up with the latest research or anticipate the potential adverse consequences. Certain doctors prescribe dangerous medications to their patients. Some women are not informed about the dangers associated with taking certain medications during pregnancy. These drugs are known as teratogens and can cause birth defects in the fetus. This includes spina bifida.

Other substances that can cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals such as mercury that affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and other substances that damage their reproductive health and cause birth defects.

If you decide to file a lawsuit against the parties who are responsible for your child's illness 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 information assists the attorney assess the value of the case.

Product Liability

Pregnancy can be one of the most exciting, yet nerve-wracking experiences in women's lives. But it's also a period where many medical professionals make mistakes that could cause birth defects. An experienced attorney can help parents in submitting claims and getting the compensation they deserve from those who are responsible for the impairment of their child.

While the causes of birth defects are typically unknown to medical experts but a large proportion of birth defects can be attributed to exposure to chemicals or environmental factors. This can include exposure by parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.

Manufacturers and those who prescribe medicines also have a duty to inform the public about the dangers of their products. Yet, a substantial portion of these medications are sold off-label to women of childbearing age without proper warnings about the possibility of birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases involving the occurrence birth defects that result from parental exposure to toxic chemicals such as the ones used in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C. as well as Suffolk University Law School.