Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur out of their control. If these injuries require special treatment and costly procedures, it could cause families to be faced with massive costs.

A New York birth defect attorney can help parents grieving and file an appeal to be compensated for future expenses. However, the law puts strict deadlines for when a claim needs to be filed.

Statute of Limitations

Modern medical technology and advances have reduced the risks associated with childbirth, pregnancy and birth. However, birth defects and injuries continue to occur. If they're preventable families need to explore their legal options.

Many birth defect lawsuits are stemming from allegations of medical malpractice that occurred. These cases could involve mistakes committed by nurses or doctors personnel at any stage of labor, birth and pregnancy. Medical professionals may also be negligent after the birth of a baby if they fail provide proper treatment.

Generally, the statute of limitations in these cases is generally 2.5 years from the date of the act of medical negligence. For infants, this time period may be extended. However, it is essential to seek legal advice as soon as you can to ensure that all evidence is obtained and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects caused by wrongful toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit, parents should look for the following qualities:

Medical Malpractice

Birth defects can cause a variety of physical and mental problems. Certain birth defects could be fatal. Some of these issues could be genetic while others are triggered by exposure to the environment or prescription medications used during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defects by their actions or inaction. These cases typically are caused by medical negligence during delivery or labor. However, they could also be a result of any action or failure to act that is not in the range of the medical standard of care, like failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One example involves teratogens. These medications can cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should make an insurance claim.

It is crucial to select an attorney with experience handling these kinds of cases. Look for a law firm that specializes in this field and operates on an on a contingency basis, meaning you don't pay anything unless you are successful. Look for an attorney with excellent communication and negotiation skills. This will help to ensure that you submit your claim before the time for filing expires.

Prescription Drugs

Many birth defects can cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. These issues are often genetic, but they can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to thoroughly test their products and inform consumers of any potential risks. Unfortunately certain pharmaceutical companies do not keep up with research or anticipate possible side effects. Some doctors prescribe dangerous drugs to their patients, and some women are not aware of the dangers associated with taking certain drugs while pregnant. These drugs, also known as teratogens can cause birth defects such as spina-bifida, which is a birth defect in the fe.

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

If you are filing a lawsuit against the parties who are responsible for your child's illness it is crucial to gather the most evidence you can. This includes any ultrasound images, blood tests and medical bills that arise due to the birth defect. This helps the attorney establish the financial worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking events in a woman's lifetime. It's also a time where medical professionals often make mistakes that could lead to birth defects. A top attorney can help parents bring a lawsuit against those who are responsible for their child's disabilities and receive the compensation they deserve.

Medical professionals aren't always able to pinpoint the root of birth defects, but most of them can be due to environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in spraying for crops and pesticides.

Furthermore, manufacturers and those who prescribe prescription medications have a responsibility to warn patients of the risks. Yet, a large percentage of these drugs are sold off-label for women of childbearing age without proper warnings about the risk of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects are caused by exposure to toxic chemicals by parents like those used in semiconductor manufacturing or agricultural. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.