Birth Defect Litigation

Parents want perfect children However, some injuries occur beyond their control. Families may be left with huge debts when these injuries require expensive procedures and special attention.

A New York birth defect lawyer can assist parents in filing a claim and get compensation to cover future costs. However, the law places strict deadlines when a claim should be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks of childbirth and pregnancy. However, birth defects and injuries still occur. Families must consider their legal options when they can be prevented.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing personnel at any stage of the birth process, including labor and pregnancy. Medical professionals may also be guilty of malpractice following the birth of a baby by failing to provide the correct treatment.

In general, the statutes of limitations in these cases is 2.5 years from the date of the medical mistake. The time frame can be extended to infants. But, it is crucial to seek legal counsel early enough to ensure that all evidence is obtained and that a timely claim can be filed.

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

When choosing an attorney to represent them in a birth injury or defect lawsuit parents should look for the following characteristics:

Medical Malpractice

Birth defects can cause an array of physical or mental problems. Some birth defects can be fatal. Some of these problems are inherited, whereas others are due to exposure to the environment or the use of prescription medications during pregnancy.

A medical professional or doctor could be accused of misconduct when they cause a birth defect through their actions or inaction. These cases usually involve medical negligence during the birth or labor process. They can also include any act which falls below a standard of medical treatment, for instance failing to recognize an illness or prescribing incorrect medication during pregnancy.

One example of this type of case involves a medication known as teratogens, which could cause serious birth defects. 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 drug, she should file an insurance claim.

It is essential to select an attorney who has handled these types of cases. Look for a law firm that is experienced in this area and works on an hourly basis, which means there is no cost unless you win. Also, search for a lawyer who has excellent negotiation and communication abilities. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, which require expensive medical care and accommodations for the child. These conditions are often genetic, but they can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.

Pharmaceutical companies are required to test their products thoroughly and inform the public about any potential risks. Unfortunately some pharmaceutical companies don't keep up with the latest research or fail to anticipate possible side consequences. Certain doctors prescribe dangerous drugs to their patients. Moreover, some women aren't aware of the dangers associated with taking certain medications during pregnancy. These drugs are referred to 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 agricultural and manufacturing industries, birth defect as well as heavy metals like mercury that contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and other substances that affect their reproductive health and cause birth defects.

It is essential to gather as the evidence you can prior to filing a lawsuit against the party responsible. This includes any ultrasound images, blood tests and medical bills that came up as a result of the birth defect. This helps the attorney establish the financial value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful experiences a woman can go through in her life. But it's also a period when many medical professionals make mistakes that can lead to birth defects. An experienced attorney can help parents in filing a claim and obtaining the money they deserve from those responsible for the disability of their child.

While the causes of birth defects are usually unknown to medical professionals but a large proportion of birth defects can be attributed with exposure to chemicals or the environment. This can include exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for spraying for crops and pesticides.

The pharmaceutical companies and those who prescribe medication must also inform people about the dangers. However, a significant portion of these medications are sold off-label for women of childbearing age without warnings regarding the risk of birth defects. This is particularly applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein, birth defect a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases involving the occurrence birth defects that result from parental exposure to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He is a graduate from the American University in Washington, D.C. and Suffolk University Law School.