Birth Defect Litigation

Parents want perfect children However, some accidents happen outside of their control. Families are left with huge debts when these injuries require costly procedures and specialized care.

A New York birth defect lawyer can assist parents in filing a claim and get compensation to pay for future expenses. However, the law puts strict deadlines for when a claim needs to be filed.

Statute of Limitations

Modern technology and medical advances have made it possible to reduce the risks related to pregnancy, childbirth and birth. However, birth defects and injuries continue to occur. If they're preventable families need to explore their legal options.

Many birth defect suits are founded on claims of medical malpractice. These cases may involve mistakes made by nurses or doctors at any point in the pregnancy, labor and delivery procedures. Additionally, medical professionals can commit medical malpractice following a child's birth in the event that they fail to provide the proper treatment.

Generally speaking, the time limit for these cases is 2.5 years from the date of the incident of medical malpractice. This time period can be extended to infants. But, it is crucial to seek legal advice early enough to ensure that all evidence is gathered and that a timely claim can be filed.

In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defects caused by wrongful toxic and chemical exposures that occur during the mother's 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 injury or defect lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can cause many mental or physical problems. Some birth defects may cause death. Some of these problems are inherited, while others are caused by environmental exposures or the use of prescription medications during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defects through their actions or inaction. These cases typically involve medical negligence during the birth or labor process. However, they may also comprise any act or failure to act that falls short of the medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One example involves teratogens. These drugs can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug, it is recommended that she file an action.

It is important to choose an attorney who has handled these types of cases. You should choose an attorney with experience in this field and operates on contingency basis, which means you won't have to pay any fees until you win. Look for Birth defect lawyer an attorney with great negotiation and communication skills. This will ensure that you make your claim in time before the statute of limitations expires.

Prescription Drugs

Many birth defects can cause mental or physical disabilities that require costly medical treatment and accommodations for the child. The majority of these problems are genetic, but some of them may be caused by environmental or chemical exposure or medication that the mother was taking during pregnancy.

Drug manufacturers are required to adequately test their products and warn consumers about any potential risks. Sadly, some pharmaceutical companies do not keep up with research or foresee potential side effects. Moreover, doctors may prescribe dangerous medicines to their patients and some women do not have adequate information about the dangers of taking certain medications during pregnancy. These drugs are referred to as teratogens. They can cause birth defects in the fetus, such as spina bifida.

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

It is important to collect as all evidence you can before filing a lawsuit against the parties accountable. This includes any ultrasound images, blood tests and medical bills that came up as a result of the birth defect. This information will help attorneys determine the worth of the case.

Product Liability

Pregnancy is among the most exciting, yet anxiety-inducing experiences in the life of a woman. It's also a time where many medical professionals can make mistakes that cause birth defects. A reputable attorney can assist parents in submitting an action and obtaining the compensation they deserve from those responsible for the handicap of their child.

While the causes of birth defects are typically unknown to medical experts, a significant number can be linked to exposure to chemicals or environmental factors. This may include contact by parents with toxic chemicals in the workplace, for example glycol ethers and solvents that are used in semiconductor manufacturing, and agricultural chemicals used for pesticides and spraying of crops.

The pharmaceutical companies and those who prescribe medicines are also obliged to inform the public about the dangers of their products. Yet, a large percentage of these drugs are marketed off-label to women who are pregnant age without proper warnings about the risk 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 pharmaceutical and chemical companies. His practice is centered around cases involving the occurrence of birth defects caused by parental exposure to toxic chemicals, including those 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.