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Birth Defect Litigation

Some injuries are out of the parents in their control. If these injuries require special treatment and expensive procedures, it could leave families with huge expenses.

A New York birth defect attorney can help parents shocked to file a claim to get compensation for future expenses. However, the law has strict time limitations on when a claim should be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks associated with childbirth and pregnancy. However birth defects and injuries still occur. If they're preventable families need to explore their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any time during labor, birth and pregnancy. Additionally medical professionals may be guilty of medical malpractice after a child's birth by failing to provide proper care.

Generally speaking, the time-limit for these cases is generally 2.5 years from the date of the occurrence of medical malpractice. For infants, this is sometimes extended. It is important to consult a lawyer whenever you can to ensure that all evidence is gathered, and that a timely complaint be filed.

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

When choosing an attorney to represent them in a birth injury or defect lawsuit, parents should look for the following characteristics:

Medical Malpractice

Birth defects can cause numerous mental or physical ailments. Some may even be fatal. Certain of these problems could be caused by genetics, while others are caused by exposure to environmental factors or prescription medications taken during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects through their actions or inaction. The majority of these cases are due to medical negligence during delivery or labor. They may also involve any other do something that is below the standard of medical care, such as, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of situation is a drug called teratogens, which can cause serious birth defects. During pregnancy, doctors usually recommend women not to take this medication, which is utilized to treat seizures. If a pregnant woman is exposed to this medication, she must submit a claim.

It is important to choose an attorney who is experienced in handling these types of cases. You should seek out a firm with extensive experience in this field. It also operates on contingency basis, which means you don't have to pay any fees until you win. Choose an attorney with outstanding negotiation and communication skills. This can help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

A lot of birth defects can cause mental or physical disabilities which require costly medical care and accommodations for the child. These problems are usually genetic, but they can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.

Drug manufacturers are required to test their products thoroughly and inform the public about any potential dangers. Unfortunately certain pharmaceutical companies are not keeping up to date with the latest research or fail to anticipate possible side consequences. Certain doctors prescribe dangerous drugs to their patients. Moreover, some women are not informed about the risks associated with using certain drugs during pregnancy. These drugs, referred to as teratogens can cause birth defects, like spina-bifida that can occur in the fetus.

Other substances that may cause birth defects include chemicals that are used in manufacturing and agriculture, as well as heavy metals such as mercury that are contaminating groundwater or air. Diane Paolicelli's legal career is dedicated to combating powerful corporations that expose women to harmful chemicals and substances that may cause harm to their reproductive health and cause birth defects.

It is crucial to gather as much evidence as you can before filing a suit against the parties responsible. Included in this are any ultrasound images or blood tests, as well as medical bills incurred as a result. This helps the attorney establish the monetary worth of the case.

Product Liability

Pregnancy is among the most exciting, yet anxious experiences of a woman's lifetime. It's also a time where medical professionals make mistakes that cause birth defects. An experienced attorney can help parents to file a claim against the medical professionals responsible for their child's condition and receive the amount of compensation they deserve.

While the causes of birth defects are often unknown to medical experts, a significant number are linked to environmental or chemical exposure. This can include parental contact with toxic chemicals at the workplace, for example glycol ethers and solvents used in semiconductor manufacturing, and agricultural chemicals used for pesticides as well as spraying of crops.

The manufacturers and the people who prescribe medicines also have a duty to inform the public about their risks. Yet, a substantial portion of these drugs are offered off-label for women of childbearing age without adequate warnings about the potential for birth defects. This is particularly true for antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice focuses on cases that involve the occurrence of birth defects due to parental exposure to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.