Birth Defect Litigation

Some injuries are beyond the parents of their control. If these injuries require special care and costly procedures, it could leave families with huge expenses.

A New York birth defect attorney can help parents grieving and file a claim to get compensation for future expenses. The law has strict time limits on when a claim can be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce risks associated with pregnancy, childbirth and birth. Birth defects and injuries do persist. If they're preventable, families must consider their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases may involve mistakes made by doctors or nurses at any point during the birth, labor and delivery procedures. Medical professionals may also be guilty of malpractice following the birth of a baby when they fail to provide the proper treatment.

Generally, the time-limit for these cases is generally 2.5 years from when the act was committed of medical malpractice. The time frame is extended for infants. It is essential to talk with an attorney immediately to ensure that all the evidence is collected, and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects that result from wrongful toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers are able to investigate the claims and then prosecute them on behalf of the family.

When selecting an attorney for a birth defect or birth injury lawsuit, parents should look for the following characteristics:

Medical Malpractice

Birth defects can cause a variety of mental and physical issues. Some birth defects can be fatal. Some of these problems are caused by genetics, while others are caused by exposure to the environment or the use of prescribed drugs during pregnancy.

A doctor or medical professional may be accused of malpractice when they cause birth defect law firm defects due to their actions or inaction. These cases typically involve medical negligence during the birth or labor process. They may also involve any act of failure to be in compliance with a standard of medical treatment, for instance failing to recognize an illness or prescribing incorrect medication during pregnancy.

One such case involves the teratogens. These medications can cause serious birth defects. In the course of pregnancy, doctors generally advise women to not take this medication, which is commonly used in the treatment of seizures. If a woman who is pregnant is exposed to this medication, she must submit a claim.

It is essential to select an attorney who is experienced in handling these kinds of cases. It is best to choose an attorney who has years of experience in this field and is based on contingency, meaning that you won't have to pay anything until you are successful. Also, search for an attorney with excellent negotiation and communication skills. This will ensure that you submit your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects lead to physical or mental disabilities, which require expensive medical care and accommodations for the child. These disorders are usually genetic, but they may also be caused by chemical or environmental exposure or medications taken by the mother 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 current research or fail to anticipate possible adverse effects. Some doctors prescribe dangerous drugs to their patients, and some women aren't aware of the risks of taking certain medications during pregnancy. These are known as teratogens, and they can cause birth defects in the fetus including spina bifida.

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

If you decide to file an action against the parties that are accountable for your child's health, it is important to gather the most evidence you can. This includes ultrasound scans, blood tests, and medical bills incurred due to the birth defect. This helps the attorney establish the financial value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful moments in a woman's life. It's also a time where medical professionals often make mistakes that could lead to birth defects. A top attorney can help parents file a claim against those accountable for their child's handicap and get the amount of compensation they deserve.

Medical experts are not always able determine the exact cause of birth defects, but many of them can be due to environmental or chemical exposure. This can include exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

The pharmaceutical companies and those who prescribe medication must also warn the public about the dangers of their products. Yet, a large percentage of these medications are sold off-label to women who are pregnant age, without warnings about the potential for birth defects. This is especially the case with antidepressants such as 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 are caused by exposure of parents to toxic chemicals such as those used in semiconductor manufacturing or farming. He graduated from American University in Washington, D.C. and Suffolk University Law School.