Birth Defect Litigation

Parents want their children to be perfect However, some injuries occur out of their control. Families can be left with huge debts when these injuries require costly procedures and special attention.

A New York birth defect lawyer can help stunned parents file claims and receive compensation to cover future expenses. The law has strict deadlines for Birth Defect when claims can be filed.

Statute of limitations

Modern medical technology and advancements in medical science have reduced the risks associated with pregnancy, childbirth and birth. However, birth defects and injuries can still occur. Families need to explore their legal options when they are preventable.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing personnel at any stage of labor, pregnancy and birth. Medical professionals may also commit malpractice after the birth of a baby in the event that they fail to provide appropriate treatment.

In general the statute of limitations in these cases are 2.5 years after the date of the medical negligence. The time limit may be extended for infants. It is nevertheless important to seek legal advice as soon as possible to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of a baby for birth defects caused by improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect attorney defect lawyers can investigate and prosecute these claims on behalf of the family.

Parents should take into consideration the following characteristics when choosing an attorney to represent their interests in a lawsuit filed for birth defects or injuries:

Medical Malpractice

Birth defects can cause many mental or physical ailments. Some of them may even be fatal. Some of these issues may be caused by genetics and others may be caused by exposure to the environment or prescription drugs taken during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects through their actions or inaction. These cases typically involve medical negligence during labor or delivery. They may also involve any act which falls below a standard of medical treatment, for instance the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One of these cases involves Teratogens. These drugs can cause birth defects that are serious. When pregnant, doctors usually advise women to stay clear of this medication, which is utilized to treat seizures. If an individual is exposed to the drug, she must make a claim.

It is important to select an attorney who has experience in handling these types of cases. Look for a law firm that is experienced in this area and works on a contingency basis, so you won't have to pay a dime unless you succeed. Also, look for a lawyer who has excellent communication and negotiation abilities. This will help to ensure that you submit your claim before the time for filing expires.

Prescription Drugs

Many birth defects cause 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 environmental or chemical exposure, or by medications taken by the mother during pregnancy.

Drug manufacturers are required to thoroughly test their products and warn consumers of any risks. Unfortunately certain pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate potential adverse consequences. Some doctors prescribe dangerous drugs to their patients, and some women are not aware of the risks associated with taking certain drugs while pregnant. These drugs are referred to as teratogens. They can cause birth defects within the fetus, such as spina Bifida.

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

It is essential to gather as much evidence as you can prior to making a claim against the parties accountable. Included in this are ultrasound images or blood tests, as well as medical bills incurred as a result. This assists the attorney in determining the monetary worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet nerve-wracking experiences in the life of a woman. It's also the time that medical professionals make mistakes that cause birth defects. An experienced attorney can help parents bring a lawsuit against those responsible for their child's condition and obtain the compensation they deserve.

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

In addition, manufacturers and the people who prescribe prescription medications must inform patients of the risks. Yet, a large percentage of these medications are sold off-label for women of childbearing age without warnings regarding the risk of birth defects. This is especially applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases involving the occurrence of birth defects that result from exposure of parents to toxic chemicals, including those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.