Birth Defect Litigation

Parents want perfect children, but some injuries happen beyond their control. Families are left with huge debts when these injuries require expensive procedures and special care.

A New York birth defect attorney can assist parents who are in shock file a claim to get compensation for future expenses. However, the law places strict time limitations on when a claim should be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks of childbirth and pregnancy. However birth defects and injuries continue to occur. If they can be prevented, families must explore their legal options.

Many birth defect lawsuits are made on the basis of allegations of medical malpractice that occurred. These cases can involve mistakes made by nurses or doctors personnel at any stage of pregnancy, labor and birth. In addition medical professionals could be guilty of medical malpractice following the birth of a child, when they fail to provide the proper treatment.

Generally, the statute of limitations in these cases is 2.5 years from when the act was committed of medical malpractice. This time frame is extended for infants. But, it is crucial to seek legal advice early enough to ensure that all evidence is collected 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 defects resulting from improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers (blog) can investigate and prosecute 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 defects or birth injuries:

Medical Malpractice

Birth defects can cause a variety of physical and mental problems. Certain birth defects can cause death. Certain of these problems could be genetic while others are caused by environmental exposures or prescription medications taken during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defects due to their actions or inaction. These cases usually are based on medical negligence in labor or delivery. However, they may also be a result of any action or failure to act that falls short of a medical standard of care, like failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example involves teratogens. These drugs can result in serious birth defect lawsuit defects. When pregnant, doctors usually recommend women not to take this medication, which is commonly used in the treatment of seizures. If an individual is exposed to the drug, then she should file an insurance claim.

It is important to choose an attorney who has experience in handling these types of cases. You should seek out a firm that has extensive experience in this field. It also operates on contingency basis, which means you won't be charged anything until you are successful. Find an attorney who has an excellent ability to communicate and negotiate. This will help ensure that you submit your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities that require costly medical treatment and accommodations for the child. Most of the time, these issues are genetic, but some of them are caused by chemical or environmental exposure, or the medications the mother consumed during pregnancy.

Drug manufacturers have an obligation to adequately test their products and inform consumers of any potential risks. Sadly certain pharmaceutical companies do not keep up with research or foresee potential side effects. Certain doctors prescribe dangerous drugs to their patients and some women aren't aware of the dangers associated with taking certain medications during pregnancy. These drugs, also known as teratogens, may cause birth defects, including spina-bifida, which is a birth defect in the fe.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, as well as heavy metals such as mercury that pollute groundwater and air. Diane Paolicelli's legal career has been focused on combating powerful corporations that expose women to toxic chemicals and substances that can harm their reproductive health or cause birth defects.

If you decide to file 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 that are incurred as a result. This information assists the attorney determine the worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. But it's also a period when many medical professionals make mistakes that could cause birth defects. A top lawyer can help parents file a claim against those who are responsible for their child's disabilities and get the justice they deserve.

While the causes of birth defects are usually unknown to medical professionals but a large proportion of birth defects can be linked to exposure to chemicals or environmental causes. This can include parental contact with toxic chemicals at the workplace, for example solvents and glycol ethers used in semiconductor manufacturing as well as agricultural chemicals used for pesticides and spraying on crops.

Furthermore, manufacturers and the people who prescribe prescription medications must inform people of their risks. A large portion of these medications are sold to women who are pregnant without warnings of the potential for birth defects. 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 pharmaceutical and chemical companies. His practice is centered around cases involving the occurrence of birth defects resulting from exposure of parents to toxic chemicals such as those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.