Birth Defect Litigation

Parents want perfect babies, but some injuries happen outside of their control. Families may be left with huge bills when these injuries require costly procedures and special attention.

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

Statute of limitations

Modern technology and medical advances have helped to reduce the risks associated with pregnancy and childbirth. Birth defects and injuries do remain a possibility. Families must consider their legal options when they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve errors made by doctors or nursing personnel at any stage of labor, pregnancy and birth. In addition medical professionals can be guilty of medical malpractice following a child's birth by failing to provide the proper treatment.

Generally, the statute of limitations in these cases is generally 2.5 years from the date of the act of medical malpractice. For infants, this period may be extended. It is essential to speak with an attorney whenever you can to ensure that all the evidence is collected and that a timely complaint can be filed.

A lawsuit can be filed on behalf of a baby for birth defects caused by toxic and chemical exposures during pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can cause a variety of mental and physical problems. Certain birth defects can cause death. Some of these issues are caused by genetics, while others are caused by exposure to environmental factors or the usage of prescription medications during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects as a result of their actions or inaction. The majority of these cases are caused by medical negligence during delivery or labor. They can also include any be in compliance with a standard of medical care, like, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One such type of situation involves a drug called teratogens, which can cause birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug, it is recommended that she make an insurance claim.

It is important to select an attorney who is experienced in handling these types of cases. Find a firm that is specialized in this area, and works on an hourly basis, which means you don't pay anything unless you get the case won. Choose an attorney with great negotiation and communication skills. This will ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities that require costly medical treatment 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 manufacturers are required to adequately test their products and warn consumers about any risks. Unfortunately, some pharmaceutical companies don't keep up with the latest research or fail to anticipate potential adverse effects. Some doctors recommend dangerous drugs to their patients. Moreover, some women are not aware of the dangers associated with taking certain medications while pregnant. These medications are referred to as teratogens, and they may cause birth defects in the fetus including spina Bifida.

Other substances that may cause birth defects are chemicals employed in the production and agricultural industries as well as heavy metals such as mercury that are contaminating groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and other substances that harm their reproductive health and lead to birth defects.

When filing lawsuits against the parties accountable for your child's condition, it is important to gather the most evidence you can. This includes any ultrasound scans, blood tests, and medical bills that arose as a result of the birth defect. This information assists the attorney to determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxiety-inducing experiences in the life of a woman. It's also a time when many medical professionals can make mistakes that cause birth defects. A top attorney can help parents make a claim against those responsible for their child's disability and receive the proper compensation they're entitled to.

Although the causes of birth defect lawyers defects are often unknown to medical experts but a large proportion of birth defects can be linked to exposure to chemicals or environmental causes. This can include exposure by parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in pesticides and crop spraying.

Manufacturers and those who prescribe medications must also inform the public about the dangers of their products. A significant portion of these drugs are offered to women who are pregnant, without warnings of the possibility of birth defects. This is particularly applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases that involve the occurrence of birth defects that result from parental exposure to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C. as well as Suffolk University Law School.