Birth Defect Litigation

Parents want their children to be perfect, but some injuries happen outside their control. When these injuries require special treatment and Birth Defect expensive procedures, it could leave families with huge expenses.

A New York birth defect lawyer can assist parents who are shocked to file a claim and get compensation to cover future expenses. The law has strict time limitations on when claims can be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks that come with childbirth and pregnancy. However birth defects and injuries do occur. If they're preventable, families should consider their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve mistakes committed by nurses or doctors staff at any stage of labor, pregnancy and birth. Additionally medical professionals could be guilty of medical malpractice after the birth of a child, if they fail to provide the proper treatment.

Generally, the statute of limitations in these cases is 2.5 years from the date of the act of medical negligence. This time frame is extended for infants. It is important to consult 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 lawsuit could also be filed on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect law firms defect lawyers can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can lead to a wide range of mental or physical issues. Some birth defects can cause death. Some of these problems are inherited, while others are caused by environmental exposures or the use of prescription drugs during pregnancy.

A medical professional or doctor could be accused of malpractice when they cause a birth defect through their actions or inaction. The majority of these cases are caused by medical negligence during labor or delivery. However, they could also include any act or inability to act that is in violation of a medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One example of case is a medication called teratogens, which can cause serious birth defects. During pregnancy, doctors usually advise women to not take this medication, which is commonly used to treat seizures. If an individual is exposed to the drug she must file an insurance claim.

It is crucial to select an attorney who has experience in handling these kinds of cases. Find a firm that specializes in this area, and works on an hourly basis, which means there is no cost unless you are successful. Also, search for an attorney with excellent negotiation and communication skills. This will help ensure that you make your claim in time before the statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require costly medical care and accommodations for the child. These disorders are usually genetic, but can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Drug makers are required to adequately test their products and warn consumers about any risks. Unfortunately certain pharmaceutical companies fail to keep up with the latest research or anticipate potential side effects. Moreover, doctors may prescribe dangerous drugs to patients and some women do not receive adequate information on the dangers of taking certain drugs during pregnancy. These medications are referred to as teratogens, and they can cause birth defects in the fetus including spina Bifida.

Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury that pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and substances that can harm their reproductive health and cause birth defects.

It is crucial to gather as the evidence you can before filing a lawsuit against the responsible parties. This includes blood tests, ultrasound images and medical bills that arise due to the birth defect. This information helps the attorney to determine the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful times in a woman's life. But it's also a time when many medical professionals make mistakes that could cause birth defects. An experienced attorney can help parents in filing claims and getting the amount they deserve from those responsible for the handicap of their child.

Although the causes of birth defects are usually not understood by medical professionals but a large proportion of birth defects can be attributed to environmental or chemical exposure. This can include parental exposure to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.

In addition, manufacturers and those who prescribe prescription medicines have a responsibility to warn patients of the risks. Yet, a substantial portion of these drugs are sold off-label to women who are pregnant age without proper warnings about the risk 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 chemical and pharmaceutical companies. His practice focuses on cases that involve the occurrence of birth defects that result from parental exposure to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.