Birth Defect Litigation

Some injuries are beyond the parents' control. When these injuries require special treatment and expensive procedures, it can cause families to incur huge costs.

A New York birth defect attorney can assist parents grieving and file an action to receive compensation for future expenses. However, the law places strict time limitations on when a claim needs to be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks that come with childbirth and pregnancy. Birth defects and injuries remain a possibility. If they're preventable, families must consider their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors at any time during the labor and birth processes. Additionally medical professionals can be guilty of medical malpractice following the birth of a baby when they fail 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. This time period is 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.

In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects that result from wrongful toxic and chemical exposures that occur during a mother's pregnancy. Lawyers specially trained in birth defects can examine these claims and pursue them 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 a variety of mental and physical issues. Some of them could be fatal. Some of these issues could be genetic and others may be caused by exposure to environmental factors or prescription drugs used 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 in labor or delivery. However, they could also include any act or failure to act that falls short of the medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One example is involving teratogens. These drugs can result in serious birth defects. During pregnancy, doctors usually advise women to avoid taking this medication, which is utilized to treat seizures. If the woman is exposed to the drug, then she must submit a claim.

It is important to choose an attorney who has experience in handling these types of cases. Find a firm that specializes in this area and operates on an on a contingency basis, meaning there is no cost unless you succeed. Additionally, you should choose an attorney who has strong negotiation and Birth defect lawsuits communication skills. This will help to ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

Many birth defects cause physical or mental disabilities, that require costly medical treatment and birth defect lawsuits accommodations for the child. Most of the time, these issues are genetically inherited, but some of them are caused by chemical or environmental exposure or medication that the mother took while pregnant.

Drug makers are required to ensure that their products are tested properly and inform the public of any potential risks. Sadly certain pharmaceutical companies do not keep up with the latest research or anticipate possible side consequences. Additionally, doctors can prescribe dangerous drugs to their patients and women may not have adequate information about the risks associated with taking certain drugs during pregnancy. These medications, also known as teratogens, can cause birth defects, like spina-bifida, in the fetus.

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

It is crucial to collect as all evidence you can before filing a lawsuit against the responsible parties. This includes any blood tests, ultrasound images and medical bills that arose because of the birth defect. This will help the attorney determine the monetary worth of the case.

Product Liability

Pregnancy is among the most exciting, but anxious experiences of women's lives. But it's also a period when many medical professionals make mistakes that can lead to birth defects. An experienced attorney can assist parents bring a lawsuit against those who are responsible for their child's disabilities and receive the proper compensation they're entitled to.

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 exposure by parents 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.

Furthermore, manufacturers and those who prescribe prescription drugs have a responsibility to inform people of their risks. Yet, a large percentage of these medications are sold off-label to women who are pregnant age without adequate warnings about the possibility of birth defects. This is particularly true for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuit defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases where birth defects result from exposure to toxic chemicals by parents, such as those employed in the manufacture of semiconductors or in agriculture. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.