Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur outside of their control. Families can be left with a large bill when injuries require costly procedures and special treatment.

A New York birth defect attorney can assist parents shocked to file claims to obtain compensation for future expenses. However, the law puts strict deadlines on when a claim needs 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 continue to occur. Families should consider their legal options if they can be prevented.

Many birth defect lawsuits are founded on allegations that medical malpractice occurred. These cases can involve errors made by nurses or doctors at any time during the labor and delivery procedures. Additionally medical professionals could be guilty of medical malpractice following the birth of a child in the event that they fail to provide proper care.

Generally speaking, the statute of limitations in these cases is generally 2.5 years from the date of the act of medical malpractice. The time limit is extended for infants. It is important to consult an attorney as soon as you can to ensure that all the evidence is collected, and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects caused by improper 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 take into consideration the following factors when choosing an attorney to represent their interests in a lawsuit filed for birth defects or birth injuries:

Medical Malpractice

Birth defects can trigger numerous physical or mental problems. Some birth defects can cause death. Some of these problems may be caused by genetics while others are triggered by exposure to the environment or prescription medications used during pregnancy.

A medical professional or doctor could be accused of misconduct when they cause birth defects through their actions or inaction. These cases usually are based on medical negligence in labor or delivery. However, they could also comprise any act or failure to act that is in violation of the medical standard of care, such as failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One example of case involves a medication called teratogens, which can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug, then she must file an insurance claim.

It is crucial to choose an attorney who has experience in these types of cases. You should choose a firm with extensive experience in this field. It also works on contingency, so you don't pay nothing until you win. Also, you should look for an attorney with excellent negotiation and communication skills. This will ensure that you submit your claim before the time for filing expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require expensive medical care and accommodations for the child. Often, these conditions are genetic, however some of them may be caused by chemical or environmental exposure, or the medications the mother took while pregnant.

Drug makers are required to test their products thoroughly and warn consumers of any potential risks. Unfortunately, some pharmaceutical companies fail to keep up with the latest research or fail to anticipate possible side effects. Some doctors recommend dangerous drugs to their patients and some women are not informed about the risks of taking certain medications during pregnancy. These are known as teratogens and can cause birth defects in the fetus, such as spina bifida.

Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury which contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and other substances that damage their reproductive health and lead to birth defects.

If you decide to file a lawsuit against the parties that are accountable for your child's health, it is important to gather the most evidence you can. Included in this are any ultrasound images and blood tests as well as medical bills that are incurred due to. This will help the attorney determine the monetary worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but nerve-wracking experiences in the life of a woman. However, it's also a time when many medical professionals make mistakes that can cause birth defects. An experienced attorney can help parents bring a lawsuit against those responsible for their child's disability and receive the justice they deserve.

Although the causes of birth defects are often not understood by medical professionals but a large proportion of birth defects can be attributed to environmental or chemical exposure. This could include contact from parents with toxic chemicals in the workplace, like solvents and glycol ethers used in semiconductor manufacturing and agricultural chemicals for pesticides and spraying of crops.

Additionally, the manufacturers and those who prescribe prescription medications have a responsibility to warn people about the risks. Yet, a large percentage of these drugs are marketed off-label to women of childbearing age without adequate warnings about the possibility of birth defects. This is especially the case with antidepressants such as 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 involving the occurrence of birth defects caused by parental exposure to toxic chemicals such as those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.