Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur outside their control. Families are left with huge debts when these injuries require expensive procedures and special care.

A New York birth defect attorney can help parents shocked to file a claim to get compensation for future expenses. The law has strict deadlines on when claims can be filed.

Statute of Limitations

Modern medical technology and advances have aided in reducing the risks associated with pregnancy, childbirth and birth. However birth defects and injuries do occur. Families must consider their legal options when they are preventable.

Many birth defect lawsuits are made on the basis of claims of medical malpractice. These cases can involve mistakes made by doctors or nursing staff at any point during labor, birth and pregnancy. Medical professionals can also be negligent after the birth of a child in the event that they fail to provide appropriate treatment.

In general, the statutes of limitations for these cases is 2.5 years after the date of the medical malpractice. This time frame can be extended to infants. It is essential to talk with a lawyer early enough to ensure that all the evidence is gathered and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects that result from wrongful toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

Parents should consider the following factors when choosing an attorney to represent them in a suit for birth defects or birth injuries:

Medical Malpractice

Birth defects can lead to various mental and physical problems. Some may even be fatal. Some of these problems are inherited, while others are caused by exposure to the environment or the use of prescription medications during pregnancy.

A doctor or medical professional could be convicted of malpractice in the event of causing birth defects through their actions or inaction. The majority of these cases are based on medical negligence during delivery or labor. However, they may also be a result of any action or failure to act that is not in the range of the medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One such case involves teratogens. These medications can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug then she must file an action.

It is important that you select an attorney with expertise in these kinds of cases. You should choose a firm with extensive experience in this field. It also operates on contingency basis, which means you don't pay anything until you win. Look for an attorney with excellent communication and negotiation skills. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities that require expensive medical treatment and accommodations for the child. Often, these conditions are genetic, however some can be caused by environmental or chemical exposure, or by medications the mother consumed during pregnancy.

Drug manufacturers are required to test their products thoroughly and warn consumers of any risks. Unfortunately some pharmaceutical companies do not keep up with the latest research or anticipate possible side consequences. Furthermore, doctors may prescribe dangerous medications to their patients as well as some women do not have adequate information about the risks of taking certain drugs during pregnancy. These medications, also known as teratogens may cause birth defects, such as spina-bifida that can occur in the fetus.

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

If you are filing a lawsuit against the parties responsible for your child's condition It is crucial to gather the most evidence you can. This includes blood tests, ultrasound images and medical bills that came up as a result of the birth defect. This helps the attorney establish the monetary worth of the case.

Product Liability

Pregnancy can be one of the most exciting and anxiety-inducing experiences in the life of a woman. It's also the time that medical professionals can make mistakes that result in birth defects. A top attorney can assist parents in submitting an appeal and gaining the money they deserve from those responsible for the disability of their child.

Medical professionals aren't always able of determining the root of birth defects, however the majority of them can be caused by environmental or chemical exposure. This can include parental exposure to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in spraying for crops and pesticides.

In addition, manufacturers and those who prescribe prescription medications must inform people about the risks. A significant portion of these drugs is marketed to women who are pregnant without warnings of the potential for birth defect. This is especially applicable to antidepressants such 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 result from exposure to toxic chemicals by parents such as those used in the manufacture of semiconductors or in agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.