Birth Defect Litigation

Some injuries are beyond the parents in their control. If injuries that result from these accidents require special care and costly procedures, it can cause families to incur huge costs.

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

Statute of limitations

Modern technology and medical advances have made it possible to reduce the risks associated with childbirth, pregnancy and birth. However, birth defects and injuries do occur. Families should consider their legal options when they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any time during labor and delivery procedures. Medical professionals can also be negligent following the birth of a baby if they fail provide proper treatment.

Generally, the statute of limitations in these cases is generally 2.5 years from the date of the occurrence of medical negligence. For infants, the time is sometimes extended. It is nevertheless important to seek legal counsel as soon as you can to ensure that all evidence is collected and that a timely claim be filed.

In addition to medical malpractice, a suit can also be filed on behalf of a baby for birth defects caused by wrongful toxic and chemical exposures that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

Parents should think about the following qualities when selecting an attorney to represent them in a suit for birth defects or birth injuries:

Medical Malpractice

Birth defects can lead to many mental or physical ailments. Some birth defects can cause death. Some of these issues may be caused by genetics, while others are caused by exposure to the environment or prescription medications used during pregnancy.

A medical professional or doctor may be accused of negligence when they cause birth defects through their actions or inaction. These cases typically involve medical negligence during labor or delivery. They can also include any other act which falls below a standard of medical care, for example, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One instance of situation is a drug called teratogens. It can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should file an insurance claim.

It is crucial to choose an attorney with prior experience in these types of cases. You should choose an attorney who has extensive experience in this field. It also operates on contingency basis, which means you don't pay nothing until you win. Also, you should look for an attorney who has strong communication and negotiation skills. This will 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 costly medical treatment and accommodations for the child. These conditions are often genetic, but they can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Pharmaceutical companies are required to test their products properly and inform the public about any potential risks. Unfortunately some pharmaceutical companies do not keep up with research or anticipate potential side consequences. Moreover, doctors may prescribe dangerous drugs to their patients, and some women do not receive the correct information regarding the risks of taking certain drugs during pregnancy. These drugs are known as teratogens, and they can cause birth defects in the fetus, including spina Bifida.

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

It is crucial to gather as much evidence as you can before filing a lawsuit against the parties accountable. Included in this are ultrasound images, blood tests, and medical bills incurred due to. This helps the attorney establish the monetary worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking events in a woman's lifetime. But it's also a period where medical professionals often make mistakes that could lead to birth defects. A top lawyer can assist parents in submitting an action and obtaining the compensation they deserve against the people responsible for the disabilities of their child.

While the causes of birth defects are often not understood by medical professionals but a large proportion of birth defects can be linked to environmental or chemical exposure. This can include exposure by parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.

In addition, manufacturers and those who prescribe prescription medications have a responsibility to warn people about the risks. Yet, a large percentage of these drugs are offered off-label to women of childbearing age without adequate warnings about the potential for birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases that involve the occurrence of birth defects that result from exposure of parents to toxic chemicals such as the ones used in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C., and Suffolk University Law School.