Birth Defect Lawsuit Defect Litigation

Some injuries are out of the parents' control. Families can be left with huge bills when these injuries require costly procedures and special attention.

A New York birth defect lawyer can assist parents who are stunned to file claims and receive compensation to cover the cost of future expenses. However, the law places strict deadlines when a claim must be filed.

Statute of Limitations

Modern technology and medical advancements have aided in reducing the risks associated with childbirth, pregnancy and birth. However birth defects and injuries continue to occur. When they are preventable, families must consider their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases can involve mistakes committed by nurses or doctors staff at any stage of labor, birth and pregnancy. In addition medical professionals can be guilty of medical malpractice following the birth of a baby in the event that they fail to provide the proper treatment.

Generally, the time-limit for these cases is generally 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 collected and that a timely claim can be filed.

In addition to medical malpractice, a suit can also be brought 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 defects lawyers can examine these claims and bring them to trial on behalf of the family.

Parents should take into consideration the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth defects or birth injuries:

Medical Malpractice

Birth defects can lead to various mental and physical problems. Some may even be fatal. Some of these issues could be genetic and others may be caused by exposure to environmental factors or prescription medications used during pregnancy.

A doctor or medical professional may be accused of negligence if they cause birth defects by their actions or inaction. The most common cases involve medical negligence during the birth or labor process. They can also be a result of any be in compliance with a standard of medical care, for example the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One example involves the teratogens. These drugs can result in serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must submit an insurance claim.

It is crucial to choose an attorney with experience in these types of cases. Look for a law firm that is experienced in this area and operates on an on a contingency basis, meaning you don't pay anything unless you get the case won. Also, search for a lawyer who has excellent communication and negotiation abilities. This will help to ensure that you submit your claim before the statute of limitations expires.

Prescription Drugs

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

Drug makers are required to ensure that their products are tested properly and inform the public about any risks that could be present. Unfortunately certain pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate potential side effects. Additionally, doctors can prescribe dangerous medications to their patients and some women do not have adequate information about the dangers of taking certain medications during pregnancy. These drugs, referred to as teratogens may cause birth defects, like spina-bifida in the fetus.

Other substances that can cause birth defects include chemicals used in manufacturing and agriculture in addition to heavy metals, like mercury, which are contaminating the groundwater or air. Diane Paolicelli's legal career is dedicated to fighting powerful corporations who expose women to harmful substances and chemicals that can cause harm to their reproductive health and cause birth defects.

It is important to collect as the evidence you can prior to filing a lawsuit against the parties accountable. Included in this are ultrasound images, blood tests, and medical bills that are incurred as a result. This information assists the attorney assess the worth of the case.

Product Liability

Pregnancy is among the most exciting and anxious experiences of women's lives. It's also a time when medical professionals are prone to making mistakes that cause birth defects. A top lawyer can assist parents in submitting a claim and obtaining the amount they deserve from the people responsible for the disabilities of their child.

While the causes of birth defects are often unknown to medical professionals however, a significant proportion can be attributed 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 pesticides and crop spraying.

In addition, manufacturers and those who prescribe prescription medicines have a responsibility to inform people of their risks. Yet, a large percentage of these drugs are offered off-label for women of childbearing age without proper warnings about the possibility of birth defects. This is particularly 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. His practice is centered around cases that involve the occurrence of birth defects that result from exposure of parents to toxic chemicals, including the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.