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Birth Defect Litigation

Some injuries are out of the parents in their control. Families can be left with a large bill when injuries require expensive procedures and special attention.

A New York birth defect attorney can assist parents who are shocked to file claims to obtain compensation for future expenses. However, the law has strict deadlines when a claim needs to be filed.

Statute of limitations

Modern medical technology and advances have helped to reduce risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries continue to occur. Families need to explore their legal options when they can be prevented.

Many birth defect lawsuits are founded on allegations of medical malpractice that occurred. These cases could involve mistakes made by doctors or nurses at any time during the labor and birth procedures. Medical professionals can also be negligent following the birth of a baby when they fail to provide the proper treatment.

In general, the statutes of limitations for these cases are 2.5 years after the date of the medical mistake. The time frame can be extended for infants. It is crucial to consult a lawyer whenever you can to ensure that all the evidence is collected, and that a timely complaint can be filed.

A lawsuit can be filed on behalf of a baby for birth defects caused by toxic and chemical exposures during pregnancy. Specially trained birth defects lawyers can investigate these claims and prosecute them on behalf of the family.

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

Medical Malpractice

Birth defects can lead to a variety of mental and physical problems. Some birth defects may cause death. Some of these issues could be genetic, while others are caused by environmental exposures or prescription drugs taken during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects by their actions or inaction. These cases usually are based on medical negligence during labor or delivery. However, they can include any act or inability to act that is in violation of a medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One example is involving Teratogens. These medications can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug it is recommended that she file an action.

It is vital to choose an attorney with experience in these types of cases. You should seek out a firm that has extensive experience in this field. It also operates on contingency basis, which means you don't have to pay nothing until you win. Look for an attorney who has great negotiation and communication skills. This will help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to thoroughly test their products and warn consumers of any risks. Unfortunately, some pharmaceutical companies don't keep up to date with the latest research or fail to anticipate possible adverse consequences. Additionally, doctors can prescribe dangerous drugs to patients, and some women do not receive the correct information regarding the risks associated with taking certain medications during pregnancy. These medications, also known as teratogens may cause birth defects, like spina-bifida in the fetus.

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

It is important to collect as all evidence you can before making a claim against the party responsible. Included in this are any ultrasound images, blood tests, and medical bills incurred as a result. This information can help the attorney determine the value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking experiences a woman can go through in her life. It's also the time that 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 acquire the proper compensation they're entitled to.

Medical professionals aren't always able to pinpoint the specific cause of birth defects, but a large number can be attributable to environmental or chemical exposure. This can include parental exposure to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.

Additionally, the manufacturers and the people who prescribe prescription medications have a responsibility to inform people about the risks. However, a lot of these drugs are sold off-label to women who are pregnant age without proper warnings about the potential for birth defects. This is particularly the case with 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. He focuses his practice on cases involving the occurrence birth defects due to parental exposure to toxic chemicals, including those in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.