Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur out of their control. Families can be left with huge debts when these injuries require costly procedures and special care.

A New York birth defect attorney can assist parents who are shocked to file an appeal to be compensated for future expenses. The law has strict time limitations on when a claim can be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks associated with pregnancy and childbirth. Birth defects and injuries do still occur. Families must consider their legal options when they are preventable.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases can involve mistakes committed by nurses or doctors personnel at any stage of the birth process, including labor and pregnancy. Additionally medical professionals could be guilty of medical malpractice following the birth of a child, in the event that they fail to provide the proper treatment.

In general the statute of limitations for these cases are 2.5 years from the date of the medical malpractice. This time frame can be extended to infants. However, it is important to seek legal counsel as soon as you can to ensure that all evidence is obtained and that a timely claim be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant for birth defect law firms defects resulting from improper toxic and chemical exposures that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.

When selecting an attorney for a birth defect or birth injury lawsuit parents should look for the following characteristics:

Medical Malpractice

Birth defects can lead to various mental and physical ailments. Some birth defects may be fatal. Some of these issues may be caused by genetics while others are caused by exposure to environmental factors or prescription drugs taken during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects as a result of their actions or inaction. These cases are usually due to medical negligence during labor or delivery. They also encompass any other act which falls below a standard of medical care, such as not diagnosing an illness or prescribing incorrect medication during pregnancy.

One such case involves teratogens. These medications can lead to birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must file a claim.

It is important to choose an attorney who is experienced in handling these kinds of cases. It is best to choose an attorney who has years of experience in this field and works on contingency, so you won't be charged any fees until you win. Look for an attorney who has outstanding negotiation and communication skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to test their products properly and warn the public of the potential dangers. Unfortunately, some pharmaceutical companies fail to keep up with the latest research or anticipate potential side consequences. Furthermore, doctors may prescribe dangerous medications to their patients as well as some women do not receive adequate information on the risks associated with taking certain medications during pregnancy. These are known as teratogens. They can cause birth defects in the fetus, including spina bifida.

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

When bringing lawsuits against the people accountable for your child's condition it is crucial to gather the most evidence you can. This includes any ultrasound scans, blood tests, and medical bills that arose as a result of the birth defect. This information helps the attorney determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, and nerve-wracking experiences in women's lives. It's also a time when many medical professionals can make mistakes that result in birth defects. An experienced attorney can help parents file a claim against those responsible for their child's condition and obtain the compensation they deserve.

Medical experts aren't always able determine the exact cause of birth defects, but most of them can be due to environmental or chemical exposure. This can include parental contact with toxic chemicals at the workplace, for example glycol ethers and solvents that are used in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as spraying of crops.

Furthermore, manufacturers and the people who prescribe prescription medications have a responsibility to warn patients of the risks. A majority of these drugs are offered to pregnant women without warnings about the risk of birth defect. 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 development of birth defects resulting from exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing as well as agriculture. He graduated from the American University in Washington, D.C., and Suffolk University Law School.