Birth Defect Litigation

Certain injuries are beyond the parents in their control. Families are left with a huge bill when injuries require costly procedures and special treatment.

A New York birth defect attorney can help parents grieving and file a claim to get compensation for future expenses. However, the law has strict deadlines on when a claim should be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce risks associated with childbirth, pregnancy and birth. Birth defects and injuries do continue to occur. Families need to explore their legal options when they are preventable.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases can involve mistakes made by nurses or doctors personnel at any stage of labor, pregnancy and birth. Medical professionals can also be negligent following the birth of a baby by failing to provide the correct treatment.

Generally, the time-limit for these cases is 2.5 years from the date of the incident of medical malpractice. The time limit is extended for infants. However, it is essential to seek legal counsel as soon as possible to ensure that all evidence is gathered and that a timely claim can be filed.

A lawsuit may be filed on behalf of a child in relation to birth defects caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

When choosing an attorney for a birth defect or birth injury lawsuit, parents should look for the following characteristics:

Medical Malpractice

Birth defects can trigger many mental or physical problems. Some may even be fatal. Some of these issues are inherited, while others are due to exposure to environmental factors or the usage of prescribed drugs during pregnancy.

A doctor or medical professional may be accused of malpractice when they cause birth defects through their actions or inaction. Most cases involve medical negligence during labor or delivery. However, they can also be a result of any action or failure to act that is not in the range of a medical standard of care, like failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One such case involves teratogens. These medications can cause serious birth defects. During pregnancy, doctors usually advise women to not take this medication, which is commonly used in the treatment of seizures. If a woman who is pregnant is exposed to this drug, she should submit a claim.

It is vital to select an attorney who has previous experience in these cases. It is best to choose an attorney with years of experience in this field and works on contingency, so you don't have to pay any fees until you win. Additionally, you should choose an attorney who has strong communication and negotiation abilities. This will ensure that you submit your claim before the statute of limitations expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to adequately test their products and inform consumers of any potential risks. Sadly certain pharmaceutical companies fail to keep up with the latest research or anticipate potential side effects. In addition, doctors can prescribe dangerous medications to their patients as well as some women do not receive the correct information regarding the dangers of taking certain medications during pregnancy. These drugs are referred to as teratogens. They could cause birth defects in the fetus. This includes spina bifida.

Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury, which pollute groundwater and air. Diane Paolicelli's legal career is dedicated to combating powerful corporations that expose women to toxic chemicals and substances that may cause harm to their reproductive health and lead to birth defects.

When bringing a lawsuit against the parties who are responsible for your child's illness It is crucial to gather as much evidence as possible. This includes any ultrasound images, blood tests, and medical bills that arise as a result of the birth defect. This information assists attorneys determine the value of the case.

Product Liability

Pregnancy is among the most exciting, and nerve-wracking experiences in a woman's lifetime. However, it's also a time when medical professionals can make mistakes that could lead to birth defects. A top lawyer can assist parents in submitting claims and getting the compensation they deserve against those who are responsible for the impairment of their child.

Although the causes of birth defects are usually unknown to medical experts, a significant number can be attributed with exposure to chemicals or the environment. This may include contact by parents with toxic chemicals in the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing, and agricultural chemicals used for pesticides and spraying on crops.

The manufacturers and the people who prescribe medication are also required to inform the public about the dangers of their products. However, a significant portion of these drugs are offered off-label for women of childbearing age without proper warnings about the potential for birth defects. This is especially applicable to 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. His practice focuses on cases involving the occurrence of birth defects that result from parental exposure to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He graduated from the American University in Washington, D.C., and Suffolk University Law School.