Birth Defect Litigation

Parents want their children to be perfect However, some accidents happen beyond their control. Families may be left with huge bills when these injuries require expensive procedures and special treatment.

A New York birth defect attorney can assist parents who are shocked to file an action to receive compensation for future expenses. However, the law puts strict deadlines for when a claim needs to be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce risks related to pregnancy, childbirth and birth. However birth defects and injuries can still occur. Families must consider their legal options if they are preventable.

Many birth defect Lawsuit defect lawsuits stem from allegations of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any point in the labor and delivery procedures. Additionally, medical professionals can commit medical malpractice after the birth of a baby when they fail to provide the proper treatment.

In general, the statutes of limitation for these cases are 2.5 years from the date of the medical negligence. This time frame can be extended to infants. It is essential to talk with an attorney as soon as you can to ensure that all the evidence is gathered and that a timely complaint can be filed.

In addition to medical malpractice, a suit can also be filed on behalf of a baby for birth defects caused by wrongful toxic and chemical exposures that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

Parents should take into consideration the following factors when choosing an attorney to represent them in a lawsuit involving birth injury or defect:

Medical Malpractice

Birth defects can trigger an array of mental or physical issues. Some birth defects can cause death. Some of these issues could be caused by genetics while others are triggered by exposure to the environment or prescription drugs used during pregnancy.

A medical professional or doctor may be accused of negligence if they cause birth defect lawsuit defects by their actions or inaction. The most common cases involve medical negligence during labor or delivery. They can also be a result of any act of failure to be in compliance with a standard of medical care, like not diagnosing an illness or prescribing the wrong medication during pregnancy.

One of these cases involves teratogens. These drugs can cause birth defects that are serious. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug, she must submit an insurance claim.

It is important that you choose an attorney who has prior experience in these types of cases. Find a law firm that is specialized in this field and operates on an on a contingency basis, meaning you won't have to pay a dime unless you win. Choose an attorney with an excellent ability to communicate and negotiate. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to ensure that their products are tested properly and inform the public of any potential risks. Unfortunately certain pharmaceutical companies do not keep up with the latest research or anticipate potential side consequences. Moreover, doctors may prescribe dangerous medicines to their patients as well as some women do not get proper information about the dangers of taking certain medications during pregnancy. These drugs, known as teratogens, may cause birth defects, like spina-bifida, in the fetus.

Other substances that may cause birth defects are chemicals employed in the production and agricultural industries in addition to heavy metals, like mercury, which are contaminating the groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and substances that could damage their reproductive health and lead to birth defects.

It is essential to gather as many evidences as you can before filing a suit against the responsible parties. This includes any blood tests, ultrasound images, and medical bills that arose because of the birth defect. This helps the attorney establish the monetary value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful moments in a woman's life. It's also the time that medical professionals can make mistakes that cause birth defects. An experienced attorney can assist parents to file a claim against the medical professionals responsible for their child's condition and acquire the compensation they deserve.

Although the causes of birth defects are generally not understood by medical professionals but a large proportion of birth defects are linked with exposure to chemicals or the environment. This can be due to exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.

In addition, the manufacturer and those who prescribe prescription drugs have a responsibility to warn people of their risks. A majority of these drugs are marketed to women who are pregnant without warnings about the risk of birth defect. This is particularly relevant 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 focuses his practice on cases involving the occurrence birth defects resulting from exposure of parents to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C. and Suffolk University Law School.