Birth Defect Litigation

Parents want their children to be perfect however, there are some injuries that occur beyond their control. Families may be left with huge debts when these injuries require costly procedures and specialized care.

A New York birth defect lawyer can assist parents who are shocked to file an appeal and obtain compensation to cover future expenses. The law has strict time limits on when a claim may be filed.

Statute of limitations

Modern medical technology and advances have reduced the risks associated with childbirth, pregnancy and birth defect birth. Birth defects and injuries do persist. Families must consider their legal options if they can be prevented.

Many birth defect lawsuits are founded on claims of medical malpractice. These cases may involve mistakes made by nurses or doctors at any point in the pregnancy, labor and delivery processes. Medical professionals may also commit malpractice after the birth of a child in the event that they fail to provide appropriate treatment.

Generally, the time limit for these cases is generally 2.5 years from the date of the act of medical malpractice. For infants, this can be extended. It is nevertheless important to seek legal advice immediately to ensure that all evidence has been collected and that a timely claim be filed.

In addition to medical malpractice, a suit can also be brought on behalf of an infant for birth defects caused by improper toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

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

Medical Malpractice

Birth defects can cause many mental or physical problems. Certain birth defects can be fatal. Some of these problems are inherited, whereas others are due to exposure to environmental factors or the use of prescription medications during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defects due to their actions or inaction. These cases usually are caused by medical negligence during delivery or labor. However, they can include any act or inability to act in excess of the medical standard of care, like failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example of this type of situation is a drug known as teratogens, which could cause birth defects that are serious. During pregnancy, doctors typically recommend women not to take this medication, which is used in the treatment of seizures. If a pregnant woman is exposed to this drug, she should file an insurance claim.

It is important to choose an attorney with experience handling these types of cases. It is best to choose a firm with experience in this field and is on contingency, which means you won't have to pay nothing until you win. Also, search for an attorney with excellent communication and negotiation abilities. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

A lot of birth defects can cause mental or physical disabilities which require expensive medical care and accommodations for the child. Most often, these disorders are inherited, but a few can be caused by environmental or chemical exposure, or medications that the mother was taking during pregnancy.

Drug makers are required to ensure that their products are tested properly and warn the public of any potential dangers. Unfortunately, some pharmaceutical companies don't keep up-to-date with current research or fail to anticipate possible side effects. Some doctors recommend dangerous drugs to their patients, and some women aren't aware of the risks of using certain drugs during pregnancy. These medications are referred to as teratogens and could cause birth defects in the fetus, such as spina bifida.

Other substances that can cause birth defects are chemicals used in manufacturing and agriculture in addition to heavy metals such as mercury that are contaminating air or groundwater. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women chemicals and substances that can affect their reproductive health and lead to birth defect law firm defects.

It is crucial to gather as the evidence you can prior to filing a suit against the party responsible. Included in this are any ultrasound images and blood tests as well as medical bills incurred as a result. This information helps the attorney determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting and stressful experiences in women's lives. But it's also a time where many medical professionals make mistakes that could lead to birth defects. An experienced attorney can help parents in submitting claims and getting the compensation they deserve against those responsible for the handicap of their child.

Medical experts are not always able to pinpoint the specific cause of birth defects, but most of them can be caused by environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for crop spraying and pesticides.

In addition, the manufacturer and those who prescribe prescription medications have a responsibility to warn people about the risks. A majority of these medications are sold to pregnant women without warnings about the risk of birth defect. 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 pharmaceutical and chemical companies. His practice is centered around cases involving the occurrence of birth defects resulting from parental exposure to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.