Birth Defect Litigation

Some injuries are out of the parents in their control. If injuries that result from these accidents require special treatment and expensive procedures, it could cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents in filing a claim and get compensation to cover the cost of future expenses. The law has strict deadlines on when a claim may be filed.

Statute of limitations

Modern medical technology and advances have helped to reduce risks related to pregnancy, childbirth and birth. However birth defects and injuries still occur. Families need to explore their legal options if they can be prevented.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes made by doctors or nurses at any time during birth, labor and delivery procedures. Medical professionals may also commit malpractice after the birth of a child in the event that they fail to provide appropriate treatment.

In general the statute of limitation for these cases are 2.5 years from the date of the medical error. The time limit can be extended to infants. However, it is essential to seek legal advice as soon as possible to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defects caused by improper toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

Parents should be aware of the following characteristics when choosing an attorney to represent them in a suit for birth defect or injury:

Medical Malpractice

Birth defects can trigger many physical or mental problems. Some birth defects can be fatal. Some of these issues could be genetic while others are triggered by exposure to the environment or prescription drugs taken during pregnancy.

A doctor or medical professional may be accused of negligence if they cause a birth defect through their actions or inaction. The majority of these cases are caused by medical negligence during delivery or labor. They can also include any other perform a task that is not within the standard of medical treatment, for instance failing to recognize an illness or prescribing incorrect medication during pregnancy.

One example of case is a medication called teratogens. This medication can cause serious birth defects. During pregnancy, doctors usually advise women to stay clear of this medication, which is utilized to treat seizures. If the woman is exposed to the drug she must make an insurance claim.

It is essential to select an attorney with experience handling these kinds of cases. You should choose an attorney with experience in this field and operates on contingency basis, which means you don't pay nothing until you win. Also, you should look for an attorney with excellent negotiation and communication abilities. This will help ensure that you submit your claim before the time limit expires.

Prescription Drugs

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

Drug makers are required to test their products thoroughly and inform the public of any risks that could be present. Unfortunately some pharmaceutical companies fail to keep up-to-date with the latest research or fail to anticipate potential adverse effects. Moreover, doctors may prescribe dangerous medicines to their patients and women may not have adequate information about the dangers of taking certain drugs during pregnancy. These drugs are referred to as teratogens. They can cause birth defects in the fetus, including spina Bifida.

Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury, which can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and substances that could harm their reproductive health and cause birth defects.

When bringing lawsuits against the parties accountable for your child's condition it is essential to gather the most evidence you can. This includes ultrasound images, blood tests, and medical bills that came up due to the birth defect. This information will help the attorney determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting, and anxiety-inducing experiences in the life of a woman. It's also a time when many medical professionals make mistakes that can lead to birth defects. An experienced attorney can assist parents file a claim against those responsible for their child's disability and obtain the amount of compensation they deserve.

Although the causes of birth defects are usually unknown to medical professionals but a large proportion of birth defects are linked 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 pesticides and crop spraying.

The manufacturers and the people who prescribe medications are also obliged to warn people about the dangers. However, a significant portion of these drugs are offered off-label for women of childbearing age without warnings regarding the risk of birth defects. This is particularly relevant for antidepressants like 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 development of birth defects due to parental exposure to toxic chemicals, such as those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.