Birth Defect Litigation

Certain injuries are beyond the parents in their control. Families can be left with huge bills when these injuries require costly procedures and special treatment.

A New York birth defect attorney can assist parents in shock file a claim to get compensation for future expenses. The law has strict time limitations for when claims can be filed.

Statute of Limitations

Modern medical technology and advances have aided in reducing the risks that are associated with childbirth, pregnancy and birth. birth defect law firms defects and injuries still occur. If they're preventable families need to explore their legal options.

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

In general, the statutes of limitations for these cases is 2.5 years after the date of the medical negligence. This time period may be extended for infants. It is important to consult a lawyer immediately to ensure that all evidence is gathered, and that a timely complaint be filed.

A lawsuit may be filed on behalf of a child to claim birth defects caused by chemical and toxic exposures during the pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

Parents should take into consideration the following characteristics when choosing an attorney to represent their interests in a lawsuit filed for birth defects or injuries:

Medical Malpractice

Birth defects can cause many mental or physical issues. Some of them may even be fatal. Some of these issues are inherited, while others are due to exposure to the environment or the use of prescription medications during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defects through their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they can comprise any act or failure to act in excess of a medical standard of care, like failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One example is involving the 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 the woman is exposed to the drug, she must make an insurance claim.

It is important that you select an attorney who has experience in these types of cases. Find a law firm that is experienced in this area, and works on a contingency basis, so you don't have to pay any fees unless you get the case won. Also, search for a lawyer with strong communication and negotiation skills. This will help ensure that you submit your claim before the statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, that require costly 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 manufacturers have an obligation to thoroughly test their products and birth defect lawsuits warn consumers of any potential risks. Sadly many pharmaceutical companies do not keep up with the latest research or anticipate potential side effects. Additionally, doctors can prescribe dangerous medications to their patients, and some women do not receive adequate information on the risks of taking certain drugs during pregnancy. These medications are referred to as teratogens. They can cause birth defects in the fetus, including spina Bifida.

Other substances that can cause birth defects include chemicals that are used in manufacturing and agriculture in addition to heavy metals, like mercury that are contaminating groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and other substances that harm their reproductive health and cause birth defects.

If you are filing a lawsuit against the parties that are accountable for your child's health, it is important to gather the most evidence you can. Included in this are ultrasound images as well as blood tests and medical bills incurred as a result. This information helps attorneys determine the value of the case.

Product Liability

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

Although the causes of birth defects are usually not understood by medical professionals however, many of them can be attributed to exposure to chemicals or environmental causes. This can include exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.

The pharmaceutical companies and those who prescribe medicines also have a duty to warn the public about their risks. A significant portion of these drugs are marketed to women who are pregnant, without warnings about the risk of birth defect. This is particularly true for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects are caused by exposure to toxic chemicals by parents, such as those used in semiconductor manufacturing or agriculture. He graduated of the American University in Washington, D.C. as well as Suffolk University Law School.