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Birth Defect Litigation

Parents want their children to be perfect However, some accidents happen out of their control. If injuries that result from these accidents require special care and costly procedures, it could leave families with huge expenses.

A New York birth defect lawyer can assist parents in filing claims and receive compensation to cover future expenses. However, the law puts strict deadlines on when a claim must be filed.

Statute of Limitations

Modern technology and medical advancements have helped reduce the risks associated with pregnancy and childbirth. However birth defects and injuries continue to occur. When they are preventable, families should consider their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing staff at any stage of labor, birth and pregnancy. Medical professionals can also commit malpractice after the birth of a child when they fail to provide the proper treatment.

Generally, the time limit for these cases is 2.5 years from the date of the occurrence of medical negligence. The time frame can be extended for infants. However, it is important to seek legal advice early enough to ensure that all evidence has been collected and that a timely claim be filed.

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

Parents should be aware of the following characteristics when choosing an attorney to represent their interests in a lawsuit filed for birth injury or defect:

Medical Malpractice

Birth defects can cause various mental and physical problems. Some birth defects may be fatal. Some of these issues are caused by genetics, while others are due to exposure to the environment or the use of prescription drugs during pregnancy.

A medical professional or doctor could be accused of malpractice when they cause a birth defect through their actions or inaction. The majority of these cases are based on medical negligence during labor or delivery. They can also be a result of any other be in compliance with a standard of medical care, like the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One instance of case involves a medication called teratogens. This medication 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 a pregnant woman is exposed to this medication, she must submit a claim.

It is important that you select an attorney who has expertise in these kinds of cases. Find a law firm that is specialized in this area and operates on an on a contingency basis, meaning there is no cost unless you get the case won. Find an attorney who has an excellent ability to communicate and negotiate. This will help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

Drug makers are required to ensure that their products are tested properly and warn consumers of any risks. Unfortunately some pharmaceutical companies are not keeping up with the latest research or fail to anticipate potential side effects. Additionally, doctors can prescribe dangerous drugs to their patients as well as some women do not receive the correct information regarding the risks associated with taking certain drugs during pregnancy. These medications, also known as teratogens, can cause birth defects such as spina-bifida that can occur in the fetus.

Other substances that can cause birth defects include chemicals used in agriculture and manufacturing in addition to heavy metals such as mercury, which are contaminating the groundwater or the air. Diane Paolicelli's legal career is dedicated to combating powerful corporations that expose women to harmful chemicals and substances that could damage their reproductive health or lead to birth defects.

It is crucial to collect as all evidence you can prior to making a claim against the parties accountable. This includes ultrasound scans, blood tests, and medical bills incurred because of the birth defect. This information assists the attorney to determine the worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful moments in a woman's life. It's also the time when medical professionals are prone to making mistakes that result in birth defects. An experienced attorney can assist parents make a claim against those responsible for their child's disability and receive the compensation they deserve.

Although the causes of birth defects are generally unknown to medical experts however, many of them can be attributed with exposure to chemicals or the environment. This can include exposure by parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for crop spraying and pesticides.

Manufacturers and those who prescribe medications also have a duty to warn the public about their risks. A majority of these drugs are marketed to women who are pregnant without warnings about 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 where birth defects are caused by exposure to toxic chemicals by parents, such as those employed in semiconductor manufacturing or farming. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.