Birth Defect Litigation

Parents want perfect children However, some accidents happen beyond their control. When these injuries require special medical attention and expensive procedures, it can result in huge costs for families.

A New York birth defect attorney can assist parents who are grieving and file a claim to get compensation for future expenses. However, the law has strict deadlines on when a claim must be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks of childbirth and pregnancy. Birth defects and injuries do continue to occur. Families need to explore their legal options if they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can result from mistakes made by nurses or doctors staff at any point during the birth process, including labor and pregnancy. In addition medical professionals may be guilty of medical malpractice following the birth of a baby if they fail to provide the correct treatment.

In general, the statutes of limitation for these cases is 2.5 years after the date of the medical negligence. For infants this period may be extended. It is essential to talk with an attorney as soon as you can to ensure that all evidence is gathered, and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects caused by improper toxic and chemical exposures that take place during the mother's pregnancy. Lawyers specially trained in birth defects can look into these claims and bring them to trial 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 mental and physical problems. Some birth defects may cause death. Some of these problems may be caused by genetics and others may be caused by exposure to environmental factors or prescription drugs taken during pregnancy.

A medical professional or doctor may be accused of negligence when they cause birth defects by their actions or inaction. These cases are usually caused by medical negligence during delivery or labor. However, they can comprise any act or failure to act in excess of the medical standard of care, such as failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One example of this type of case involves a medication called teratogens. This medication can cause serious birth defects. 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 file an insurance claim.

It is important that you choose an attorney with prior experience in these types of cases. It is best to choose an attorney who has experience in this field and is based on contingency, meaning that you won't be charged nothing until you win. Find an attorney who has an excellent ability to communicate and negotiate. This can help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

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

Drug manufacturers are required to ensure that their products are tested properly and inform the public of any risks that could be present. Unfortunately some pharmaceutical companies do not keep up with research or anticipate possible side effects. In addition, doctors can prescribe dangerous medicines to their patients, and some women do not receive the correct information regarding the risks of taking certain medications during pregnancy. These drugs are known as teratogens. They could cause birth defects in the fetus including spina Bifida.

Other substances that can cause birth defect lawsuit defects are the chemicals used in the agricultural and manufacturing 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 which expose women to harmful chemicals and substances that affect their reproductive health and lead to birth defects.

When filing an action against the parties accountable for your child's condition it is crucial to gather as much evidence as you can. This includes any ultrasound images, blood tests, and medical bills that arise due to the birth defect. This information helps attorneys determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but nerve-wracking experiences in the life of a woman. It's also a time when many medical professionals can make mistakes that lead to birth defects. A top attorney can assist parents in filing an action and obtaining the compensation they deserve against the people responsible for the disabilities of their child.

Although the causes of birth defects are usually unknown to medical professionals, a significant number can be linked to exposure to chemicals or environmental factors. This could include exposure of parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in pesticides and crop spraying.

Additionally, the manufacturers and those who prescribe prescription medications have a responsibility to inform people about the risks. However, a significant portion of these drugs are offered off-label to women who are pregnant age without proper warnings about the risk 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 chemical and pharmaceutical companies. He focuses his practice on cases where birth defects are caused by exposure to toxic chemicals in the home by parents such as those that are used in the manufacture of semiconductors or in agriculture. He is a graduate from the American University in Washington, D.C., and Suffolk University Law School.