Birth Defect Litigation

Some injuries are out of the parents in their control. Families are left with a large bill when injuries require expensive procedures and special treatment.

A New York birth defect attorney can help parents grieving and file an action to receive compensation for future expenses. The law has strict time limitations for when claims can 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 must consider their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve mistakes made by nurses or doctors at any point during the pregnancy, labor and delivery procedures. Additionally medical professionals may be guilty of medical malpractice following a child's birth in the event that they fail to provide the correct treatment.

In general the statute of limitation for these cases are 2.5 years after the date of the medical negligence. For infants, this can be extended. It is nevertheless important to seek legal advice immediately to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

Parents should think about 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 physical and mental problems. Some birth defects can cause death. Certain of these problems could be genetic while others are triggered by exposure to environmental factors or prescription drugs taken during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defects as a result of their actions or inaction. These cases usually are caused by medical negligence during labor or delivery. However, they could also include any act or failure to act that is in violation of the medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One instance of situation is a drug known as teratogens, which could cause birth defect lawyer defects that are serious. During pregnancy, doctors typically advise women to avoid taking this medication, which is utilized in the treatment of seizures. If a woman who is pregnant is exposed to this drug, she should make a claim.

It is essential to select an attorney who has experience in handling these kinds of cases. Find a law firm that is specialized in this area and operates on the basis of a contingent fee, which means you don't have to pay any fees unless you win. Also, you should look for a lawyer who has excellent negotiation and communication abilities. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects lead to physical or mental disabilities, which require expensive medical care and accommodations for the child. These conditions are often genetic, but they may also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.

Drug makers are required to adequately test their products and inform consumers of any risks. Unfortunately, some pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate possible side effects. Some doctors prescribe dangerous drugs to their patients and some women aren't aware of the risks of taking certain drugs while pregnant. These medications, also known as teratogens, can cause birth defect Lawsuit defects, such as spina-bifida that can occur in the fetus.

Other substances that can cause birth defects are chemicals used in agriculture and manufacturing in addition to heavy metals, like mercury that are contaminating groundwater or the air. Diane Paolicelli's legal career has been dedicated to fighting powerful corporations that expose women to harmful chemicals and substances that can damage their reproductive health or lead to birth defects.

It is essential to gather as all evidence you can prior to making a claim against the parties accountable. Included in this are ultrasound images as well as blood tests and medical bills that are incurred as a result. This will help the attorney determine the monetary value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful times in a woman's life. However, it's also a time when many medical professionals make mistakes that could cause birth defects. A top attorney can help parents to file a claim against the medical professionals responsible for their child's condition and receive the justice they deserve.

Medical experts aren't always able to determine the exact cause of birth defects, but a large number can be due to environmental or chemical exposure. 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.

Furthermore, manufacturers and those who prescribe prescription drugs must inform people about the risks. Yet, a large percentage of these drugs are sold off-label for women of childbearing age without adequate warnings about the risk of birth defects. This is particularly applicable to 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 involving the occurrence birth defects due to parental exposure to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.