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Birth Defect Litigation

Certain injuries are beyond the parents or their control. When these injuries require special treatment and expensive procedures, it could result in huge costs for families.

A New York birth defect attorney can assist parents in shock to file an action to receive compensation for future expenses. However, the law puts strict deadlines when a claim should be filed.

Statute of Limitations

Modern technology and medical advances have made it possible to reduce the risks associated with childbirth, pregnancy and birth. However, birth defects and injuries do occur. If they're preventable, families must consider their legal options.

Many birth defect lawsuits are stemming from claims of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any point during the pregnancy, labor and delivery processes. Additionally medical professionals can be guilty of medical malpractice after the birth of a baby if they fail to provide the correct treatment.

Generally speaking, the time limit for these cases is 2.5 years from the date of the occurrence of medical malpractice. For infants, the time can be extended. However, it is essential to seek legal counsel early enough to ensure that all evidence is gathered 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 exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

Parents should take into consideration the following characteristics when choosing an attorney to represent them in a lawsuit for birth defects or injuries:

Medical Malpractice

Birth defects can cause a variety of mental and physical problems. Some may even be fatal. Some of these issues are genetic, but others are caused by exposure to environmental factors or the usage of prescription medications during pregnancy.

A doctor or medical professional could be accused of misconduct when they cause birth defects through their actions or inaction. These cases usually are based on medical negligence in labor or delivery. However, they can also include any act or inability to act that falls short of a medical standard of care, like not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One example involves Teratogens. These medications can lead to serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug then she should submit a claim.

It is essential to choose an attorney who has experience in these types of cases. Find a law firm that is specialized in this area and works on an hourly basis, which means there is no cost unless you get the case won. Look for an attorney with great negotiation and communication skills. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects lead to physical or mental disabilities, which require costly medical care and accommodations for the child. Most often, these disorders are genetic, however some of them can be caused by chemical or environmental exposure or medication that the mother was taking during pregnancy.

Pharmaceutical manufacturers are required to thoroughly test their products and warn consumers about any potential risks. Unfortunately, some pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate potential adverse consequences. Some doctors recommend dangerous drugs to their patients. Some women aren't aware of the dangers associated with taking certain drugs while pregnant. These drugs are known as teratogens and may cause birth defects in the fetus including spina bifida.

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

It is essential to gather as much evidence as you can before making a claim against the responsible parties. Included in this are ultrasound images, blood tests, and medical bills incurred as a result. This information assists the attorney assess the worth of the case.

Product Liability

Pregnancy is among the most exciting, and stressful experiences in the life of a woman. But it's also a time where many medical professionals make mistakes that can cause birth defects. An experienced attorney can assist parents bring a lawsuit against those who are responsible for their child's disabilities and acquire the amount of compensation they deserve.

Medical professionals aren't always able determine the causes of birth defects, but most of them can be attributable to environmental or chemical exposure. 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 used for pesticides and spraying crops.

Furthermore, manufacturers and those who prescribe prescription medications must inform people of their risks. A majority of these drugs are offered to pregnant women without warnings about the risk of birth defects. This is particularly applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects 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 employed in semiconductor manufacturing or agricultural. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.