Birth Defect Litigation

Parents want perfect children however, there are some injuries that occur out of their control. When injuries require specialized medical attention and expensive procedures, it can result in huge costs for families.

A New York birth defect lawyer can assist parents in filing claims and receive compensation to cover future costs. The law has strict deadlines on when a claim may be filed.

Statute of limitations

Modern medical technology and advancements in medical science have made it possible to reduce the risks related to pregnancy, childbirth and birth. Birth defects and injuries persist. If they're preventable, families must consider their legal options.

Many birth defect lawsuits are made on the basis of claims of medical malpractice. These cases could involve mistakes committed by nurses or doctors personnel at any stage of labor, pregnancy and birth. Medical professionals can also commit malpractice after the birth of a baby if they fail provide proper treatment.

In general, the statutes of limitations in these cases are 2.5 years from the date of the medical negligence. The 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 be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

When selecting an attorney for a birth injury or defect lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can lead to a variety of mental and physical problems. Some of them could be fatal. Certain of these problems could be genetic while others are caused by environmental exposures or prescription medications taken 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. Most cases involve medical negligence during the birth or labor process. However, they can also include any act or inability to act that falls short of the medical standard of care, like failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One of these cases involves Teratogens. These medications can cause birth defects that are serious. During pregnancy, doctors typically advise women to avoid taking this medication, which is utilized in the treatment of seizures. If the woman is exposed to the drug it is recommended that she make a claim.

It is essential to choose an attorney with expertise in these kinds of cases. Choose a law firm that specializes in this area and operates on an on a contingency basis, meaning you don't have to pay any fees unless you win. Look for an attorney who has outstanding negotiation and communication skills. This will help to ensure that you file your claim before the time limit expires.

Prescription Drugs

Many birth defects lead to physical or mental disabilities, that require costly medical treatment and accommodations for the child. These disorders are usually caused by genetics, but can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.

Drug manufacturers are required to adequately test their products and inform consumers of any potential risks. Unfortunately certain pharmaceutical companies are not keeping up to date with the latest research or fail to anticipate potential side effects. Moreover, doctors may prescribe dangerous drugs to their patients and some women do not receive the correct information regarding the dangers of taking certain drugs during pregnancy. These medications, also known as teratogens can cause birth defects, including spina-bifida that can occur in the fetus.

Other substances that can cause birth defects are the chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury, which 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 may damage their reproductive health or cause birth defects.

It is crucial to collect as many evidences as you can before filing a suit against the party responsible. Included in this are ultrasound images, blood tests, and medical bills that are incurred as a result. This assists the attorney in determining the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful moments in a woman's life. It's also the time when medical professionals can make mistakes that cause birth defects. An experienced attorney can help parents in submitting claims and getting the amount they deserve from those responsible for the disability of their child.

Medical experts aren't always able to pinpoint the specific cause of birth defect attorneys defects, however many of them can be attributable to environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for crop spraying and pesticides.

In addition, manufacturers and those who prescribe prescription drugs must inform people about the risks. However, a significant portion of these drugs are marketed off-label to women who are pregnant age without adequate warnings about the risk of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects result from parental exposure to toxic chemical such as those that are employed in the manufacture of semiconductors or in agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.