Birth Defect Litigation

Some injuries are beyond the parents of their control. When injuries require specialized medical attention and expensive procedures, it could result in huge costs for families.

A New York birth defect lawyer can assist parents who are stunned to file an action and receive compensation to cover the cost of future expenses. The law has strict time limitations on when claims can be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks that come with childbirth and pregnancy. However, Birth Defect birth defects and injuries can still occur. Families should consider their legal options when they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any point during the labor and delivery processes. Medical professionals can also commit malpractice after the birth of a child in the event that they fail to provide appropriate treatment.

In general the statute of limitations for these cases are 2.5 years after the date of the medical error. This time frame can be extended for infants. It is nevertheless important to seek legal counsel as soon as possible to ensure that all evidence is gathered and that a timely claim can be filed.

In addition to medical malpractice, Birth defect a lawsuit could also be filed on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

Parents should take into consideration the following characteristics when choosing an attorney to represent their interests in a lawsuit filed for birth injury or defect:

Medical Malpractice

Birth defects can trigger numerous mental or physical problems. Some birth defects can be fatal. Some of these problems are genetic, but others are due to exposure to environmental factors or the usage of prescription drugs during pregnancy.

A medical professional or doctor may be accused of negligence if they cause a birth defect through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. They can also include any do something that is below the standard of medical care, like, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of this type of situation is a drug called teratogens. This medication can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug, then she must submit a claim.

It is important to select an attorney with experience handling these kinds of cases. Choose a law firm that is specialized in this field and operates on a contingency basis, so you won't have to pay a dime unless you are successful. Also, search for an attorney with excellent communication and negotiation skills. This will help to ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, that require costly medical treatment and accommodations for the child. Most often, these disorders are genetic, but some of them may be caused by environmental or chemical exposure, or by medications the mother took during pregnancy.

Drug manufacturers are required to test their products correctly and inform the public about any risks that could be present. Unfortunately certain pharmaceutical companies do not keep up to date with the latest research or fail to anticipate possible adverse effects. Some doctors recommend dangerous drugs to their patients, and some women are not aware of the dangers associated with using certain drugs during pregnancy. These are known as teratogens and can cause birth defects in the fetus including spina Bifida.

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

When bringing lawsuits against the people responsible for your child's condition it is essential to gather as much evidence as you can. This includes ultrasound scans, blood tests, and medical bills incurred due to the birth defect. This information assists the attorney determine the worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. However, it's also a time when many medical professionals make mistakes that can cause birth defects. An experienced attorney can help parents in filing claims and getting the money they deserve from those responsible for the handicap of their child.

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

The manufacturers and the people who prescribe medicines are also obliged to inform the public about the risks. Yet, a substantial portion of these drugs are offered off-label to women of childbearing age, without warnings about the possibility of birth defects. This is especially true for 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. He concentrates his practice on cases involving the occurrence of birth defects resulting from parental exposure to toxic chemicals such as those in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.