Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur beyond their control. If these injuries require special medical attention and expensive procedures, it could leave families with huge expenses.

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

Statute of limitations

Modern medical technology and advancements in medical science have helped to reduce risks associated with pregnancy, childbirth and birth. Birth Defect lawsuit defects and injuries persist. When they are preventable, families should consider their legal options.

Many birth defect suits are founded on accusations of medical malpractice. These cases could involve mistakes made by nurses or doctors personnel at any stage of pregnancy, labor and birth. Additionally, birth defect Lawsuit medical professionals can commit medical malpractice after the birth of a baby in the event that they fail to provide proper treatment.

Generally, the time-limit for these cases is 2.5 years from the date of the incident of medical negligence. The time frame may be extended for infants. However, it is essential to seek legal counsel as soon as possible to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of an infant for birth defects that result from wrongful toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defects lawyers can look into these claims and prosecute them on behalf of the family.

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

Medical Malpractice

Birth defects can lead to various physical and mental problems. Certain birth defects can cause death. Some of these problems are genetic, but others are due to environmental exposures or the use of prescription medications during pregnancy.

A doctor or medical professional could be accused of malpractice in the event of causing birth defects due to their actions or inaction. These cases are usually due to medical negligence during labor or delivery. However, they could also be a result of any action or failure to act that is not in the range of the medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One example of case involves a medication called teratogens. It can cause birth defects that are serious. During pregnancy, doctors typically advise women to stay clear of this medication, which is commonly used in the treatment of seizures. If a woman is exposed to the drug, she must make an insurance claim.

It is important to choose an attorney with experience handling these kinds of cases. It is best to choose a firm with years of experience in this field and is based on contingency, meaning that you don't pay anything until you are successful. Look for an attorney with an excellent ability to communicate and negotiate. This will ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. Most often, these disorders are inherited, but a few can be caused by chemical or environmental exposure or medication that the mother consumed during pregnancy.

Pharmaceutical companies are required to test their products thoroughly and inform the public of any potential dangers. Sadly many pharmaceutical companies do not keep up with the latest research or anticipate the potential adverse consequences. Some doctors recommend dangerous drugs to their patients. Moreover, some women are not informed about the risks associated with taking certain drugs while pregnant. These drugs are known as teratogens, and they could cause birth defects in the fetus, such as spina bifida.

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

If you are filing lawsuits against the people accountable for your child's condition it is essential to gather as much evidence as you can. This includes any blood tests, ultrasound images, and medical bills that arise because of the birth defect. This information helps the attorney assess the worth of the case.

Product Liability

Pregnancy is among the most exciting, and nerve-wracking experiences in the life of a woman. It's also a time where many medical professionals make mistakes that can lead to birth defects. A top lawyer can assist parents in submitting claims and getting the compensation they deserve from those who are responsible for the impairment of their child.

While the causes of birth defects are generally unknown to medical experts however, many of them are linked to exposure to chemicals or environmental factors. This may include contact by parents with toxic chemicals at the workplace, for example glycol ethers and solvents that are used in semiconductor manufacturing and agricultural chemicals for pesticides and spraying of crops.

In addition, the manufacturer and those who prescribe prescription drugs have a responsibility to inform patients of the risks. A majority of these medications are sold to women who are pregnant, without warnings about the risk of birth defect. This is especially applicable to antidepressants, such as Prozac and Zoloft.

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