Birth Defect Litigation

Certain injuries are beyond the parents or their control. Families could be faced with huge bills when these injuries require expensive procedures and specialized care.

A New York birth defect attorney can assist parents who are in shock to file claims to obtain compensation for future expenses. The law has strict time limits on when claims can be filed.

Statute of Limitations

Modern medical technology and advancements in medical science have helped to reduce risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries persist. Families must consider their legal options when they are preventable.

Many birth defect lawsuits are based on claims of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any time during the pregnancy, labor and delivery procedures. In addition, medical professionals can commit medical malpractice after a child's birth by failing to provide the correct treatment.

Generally, the time-limit for these cases is generally 2.5 years from the date of the incident of medical malpractice. The time frame is extended for infants. It is essential to speak with an attorney early enough to ensure that all evidence is collected and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of a baby for birth defects that result from wrongful toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect attorney defects lawyers can examine these claims and prosecute them on behalf of the family.

Parents should consider the following factors when choosing an attorney to represent them in a lawsuit for birth defect or injury:

Medical Malpractice

Birth defects can lead to various physical and mental problems. Some birth defects may cause death. Some of these issues are inherited, whereas others are due to exposure to environmental factors or the use of prescription medications during pregnancy.

A medical professional or doctor could be accused of malpractice in the event of causing a birth defect through their actions or inaction. These cases are usually based on medical negligence in labor or delivery. They may also involve any other act which falls below a standard of medical care, like, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One of these cases involves the teratogens. These drugs can result in serious birth defects. In the course of pregnancy, doctors generally recommend women not to take this medication, which is commonly used in the treatment of seizures. If a pregnant woman is exposed to this medication, she must make an insurance claim.

It is essential to choose an attorney who has experience in these types of cases. You should seek out a firm that has experience in this field and operates on contingency basis, which means you don't pay any fees until you win. Choose an attorney with an excellent ability to communicate and negotiate. This will ensure that you make your claim in time before the statute of limitations expires.

Prescription Drugs

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

Drug manufacturers are required to ensure that their products are tested properly and inform consumers of any potential risks. Unfortunately some pharmaceutical companies do not keep up with research or foresee potential side effects. In addition, doctors can prescribe dangerous drugs to patients and women may not get proper information about the risks of taking certain medications during pregnancy. These drugs, also known as teratogens, can cause birth defects, like spina-bifida in the fetus.

Other substances that could cause birth defects include chemicals that are used in manufacturing and agriculture in addition to heavy metals, birth Defect attorney like mercury, which are contaminating the groundwater and air. Diane Paolicelli's legal career is focused on fighting powerful corporations that expose women to harmful chemicals and substances that could cause harm to their reproductive health and lead to birth defects.

It is important to collect as much evidence as you can prior to filing a suit against the responsible parties. Included in this are ultrasound images, blood tests, and medical bills that are incurred due to. This assists the attorney in determining the worth of the case.

Product Liability

Pregnancy is among the most exciting, but nerve-wracking experiences in women's lives. It's also a time when medical professionals are prone to making mistakes that cause birth defects. An experienced attorney can assist parents bring a lawsuit against those responsible for their child's disability and acquire the proper compensation they're entitled to.

Medical experts aren't always able to pinpoint the exact cause of birth defects, but the majority of them can be attributable to environmental or chemical exposure. This can include parental exposure to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for spraying for crops and pesticides.

Manufacturers and those who prescribe medicines also have a duty to inform the public about the dangers of their products. A majority of these drugs is marketed to women who are pregnant without warnings about the risk of birth defect. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects 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 used in the manufacture of semiconductors or in agriculture. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.