Birth Defect Litigation

Some injuries are beyond the parents or their control. Families are left with huge bills when these injuries require costly procedures and specialized care.

A New York birth defect attorney can assist parents who are grieving and file a claim to get compensation for future expenses. However, the law has strict deadlines on when a claim should be filed.

Statute of Limitations

Modern technology and medical advances have reduced the risks related to pregnancy, childbirth and birth. However birth defects and injuries do occur. Families need to explore their legal options if they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors at any point during the labor and delivery procedures. Additionally medical professionals could be guilty of medical malpractice following a child's birth when they fail to provide the correct treatment.

Generally, the time limit for these cases is generally 2.5 years from the date of the incident of medical negligence. The time limit may be extended for infants. However, it is important to seek legal advice early enough to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a suit could also be filed on behalf of a baby for birth defects caused by wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can result in many physical or mental problems. Some birth defects can be fatal. Some of these issues may be genetic, while others are caused through exposure to the environment or prescription drugs used during pregnancy.

A medical professional or doctor could be accused of misconduct in the event of causing birth defects through their actions or inaction. These cases are usually caused by medical negligence during labor or delivery. However, they may also comprise any act or failure to act in excess of a medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One instance of case is a medication called teratogens, which can cause serious birth defects. During pregnancy, doctors typically advise women to not take this medication, which is used to treat seizures. If the woman is exposed to the drug, then she must submit a claim.

It is crucial to choose an attorney who has expertise in these kinds of cases. Find a firm that specializes in this field and operates on the basis of a contingent fee, which means you don't have to pay any fees unless you succeed. Also, you should look for a lawyer with strong communication and negotiation skills. This will help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, that require expensive medical treatment and accommodations for the child. These issues are often genetic, but they can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products properly and warn the public of any risks that could be present. Unfortunately, some pharmaceutical companies are not keeping up with the latest research or fail to anticipate possible side effects. Moreover, doctors may prescribe dangerous drugs to their patients, and some women do not get proper information about the risks of taking certain drugs during pregnancy. These drugs are referred to as teratogens. They can cause birth defects in the fetus, including spina bifida.

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

If you decide to file lawsuits against the parties accountable for your child's condition It is crucial to gather as much evidence as possible. Included in this are ultrasound images as well as blood tests and medical bills incurred due to. This helps the attorney establish the financial worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking experiences a woman can go through in her life. But it's also a period where many medical professionals make mistakes that can cause birth defects. An experienced attorney can help parents in submitting a claim and obtaining the amount they deserve from those responsible for the handicap of their child.

Although the causes of birth defects are usually unknown to medical experts but a large proportion of birth defects can be linked to exposure to chemicals or environmental causes. This could include exposure of parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for crop spraying and pesticides.

Manufacturers and those who prescribe medication must also warn the public about the dangers of their products. However, a significant portion of these drugs are offered off-label to women who are pregnant age without adequate warnings about the potential for birth defects. This is particularly applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases involving the development of birth defects caused by exposure of parents to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.