Birth Defect Litigation

Some injuries are beyond the parents' control. When these injuries require special medical attention and expensive procedures, it could leave families with huge expenses.

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

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks of childbirth and pregnancy. However birth defects and injuries can still occur. When they are preventable, families must explore their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors at any time during labor and birth procedures. In addition medical professionals may be guilty of medical malpractice after the birth of a child by failing to provide the correct treatment.

Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the act of medical negligence. The time limit may be extended for infants. It is crucial to consult an attorney immediately to ensure that all evidence is collected and that a timely complaint be filed.

In addition to medical malpractice, a suit could also be filed on behalf of an infant for birth defects caused by wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases on behalf of the family.

Parents should think about the following aspects when choosing an attorney to represent them in a lawsuit involving birth defects or birth defect Law firms injuries:

Medical Malpractice

Birth defects can result in a wide range of mental or physical issues. Some of them may even be fatal. Some of these problems are inherited, while others are caused by exposure to environmental factors or the use of prescribed drugs during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects by their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they can also include any act or failure to act that is in violation of the medical standard of care, like failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One example involves Teratogens. These drugs can cause birth defects that are serious. When pregnant, doctors usually advise women to stay clear of this medication, which is used in the treatment of seizures. If a pregnant woman is exposed to this medication, she must make an insurance claim.

It is vital to select an attorney with expertise in these kinds of cases. Look for a law firm that has a specialization in this area and operates on the basis of a contingent fee, which means you don't pay anything unless you are successful. Choose an attorney with excellent communication and negotiation skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require expensive medical treatment and accommodations for the child. Most often, these disorders are genetically inherited, but some can be caused by environmental or chemical exposure, or by medications the mother consumed during pregnancy.

Drug makers are required to test their products thoroughly and warn consumers of any potential risks. Sadly many pharmaceutical companies do not keep up with the latest research or anticipate possible side consequences. Moreover, doctors may prescribe dangerous medications to their patients, and some women do not get proper information about the dangers of taking certain drugs during pregnancy. These medications are referred to as teratogens. They can cause birth defects in the fetus, including spina bifida.

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

It is crucial to gather as many evidences as you can prior to making a claim against the party responsible. Included in this are ultrasound images or blood tests, as well as medical bills that are incurred as a result. This information can help the attorney assess the value of the case.

Product Liability

Pregnancy can be one of the most exciting, but stressful experiences in the life of a woman. But it's also a period where medical professionals often make mistakes that could cause birth defects. A top attorney can help parents bring a lawsuit against those accountable for their child's handicap and get the compensation they deserve.

While the causes of birth defects are usually unknown to medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental factors. This may include contact by parents with toxic chemicals in the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing, as well as chemical pesticides used in agriculture and spraying crops.

In addition, the manufacturer and those who prescribe prescription drugs are required to inform people of their risks. Yet, a large percentage of these drugs are sold off-label to women of childbearing age without proper warnings about the potential for 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 is centered around cases involving the occurrence birth defects resulting from exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He is a graduate from the American University in Washington, D.C. as well as Suffolk University Law School.