Birth Defect Litigation

Parents want their children to be perfect However, some injuries occur outside of their control. Families could be faced with huge bills when these injuries require costly procedures and specialized care.

A New York birth defect lawyer can help stunned parents file a claim and get compensation to pay for future expenses. However, the law puts strict deadlines for the time a claim has to be filed.

Statute of Limitations

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

Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing staff at any stage of labor, pregnancy and birth. Medical professionals can also commit malpractice after the birth of a child if they fail provide proper treatment.

In general, the statutes of limitations for these cases are 2.5 years from the date of the medical mistake. For infants this period can be extended. But, it is crucial to seek legal advice as soon as possible to ensure that all evidence is gathered and that a timely claim be filed.

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

When choosing an attorney for a birth defect or birth injury lawsuit parents should be looking for the following characteristics:

Medical Malpractice

Birth defects can lead to many mental or physical problems. Some of them can be fatal. Some of these problems are inherited, whereas others are caused by exposure to environmental factors or the usage of prescription medications during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects through their actions or inaction. Most cases involve medical negligence during labor or delivery. However, they can also be a result of any action or failure to act that is in violation of the medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One example involves the teratogens. These drugs can result in birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug, it is recommended that she make an insurance claim.

It is important that you select an attorney with prior experience in these types of cases. Find a law firm that specializes in this area and operates on an hourly basis, which means you don't pay anything unless you are successful. Look for an attorney with great negotiation and communication skills. This will help to ensure that you make your claim in time 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 conditions are often genetic, but they can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Drug makers are required to test their products properly and warn the public of the potential dangers. Unfortunately many pharmaceutical companies do not keep up with research or anticipate potential side effects. Some doctors prescribe dangerous drugs to their patients, and some women aren't aware of the risks of taking certain medications while pregnant. These drugs are referred to as teratogens, and they may cause birth defects in the fetus, such as spina bifida.

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

When filing an action against the parties responsible for your child's condition it is essential to gather the most evidence you can. This includes ultrasound images, blood tests, and medical bills that arose as a result of the birth defect. This information helps the attorney assess the value of the case.

Product Liability

Pregnancy can be one of the most exciting and nerve-wracking experiences in women's lives. It's also a time when medical professionals make mistakes that lead to birth defects. A top attorney can assist parents in submitting a claim and obtaining the money they deserve from those who are responsible for the impairment of their child.

Medical experts are not always able to determine the causes of birth defects, however the majority of them can be attributable to environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.

In addition, manufacturers and the people who prescribe prescription medications have a responsibility to warn people about the risks. A majority of these drugs is marketed to women who are expecting without warnings of the potential for birth defect. This is particularly true for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects are caused by parental exposure to toxic chemical such as those that are used in semiconductor manufacturing or agricultural. He graduated from American University in Washington, D.C. and Suffolk University Law School.