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Birth Defect Litigation

Parents want perfect children, but some injuries happen beyond their control. Families are left with a huge bill when injuries require expensive procedures and special treatment.

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

Statute of Limitations

Modern medical technology and advancements in medical science have reduced the risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries remain a possibility. Families need to consider their legal options if they are preventable.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases can involve errors made by nurses or doctors at any time during the birth defect case, labor and delivery processes. Medical professionals can also be negligent after the birth of a baby when they fail to provide the proper treatment.

In general the statute of limitations in these cases are 2.5 years after the date of the medical malpractice. For infants, this period may be extended. It is essential to talk with a lawyer early enough to ensure that all evidence is gathered, and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of a baby for birth defects resulting from improper toxic and chemical exposures that occur during a mother's pregnancy. Lawyers specially trained in birth defects can examine these claims and prosecute them on behalf of the family.

When selecting an attorney for a birth defect or birth injury lawsuit, parents should look for the following qualities:

Medical Malpractice

Birth defects can result in an array of mental or physical issues. Some of them may even be fatal. Certain of these problems could be caused by genetics, while others are caused by environmental exposures or prescription drugs taken during pregnancy.

A doctor or medical professional may be accused of malpractice when they cause birth defects as a result of their actions or inaction. These cases typically involve medical negligence during the birth or labor process. However, they can also comprise any act or failure to act that is not in the range of the medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One such case involves Teratogens. These drugs can result in serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must make an insurance claim.

It is crucial to select an attorney with experience handling these kinds of cases. Choose a law firm that is experienced in this area, and works 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 an attorney with excellent negotiation and communication abilities. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects lead to physical or mental disabilities, that require costly medical treatment and accommodations for the child. These issues are often genetic, but they can also be caused by environmental or birth defect attorney chemical exposure, or by medications taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and warn the public of any potential dangers. Sadly some pharmaceutical companies do not keep up with the latest research or anticipate possible side effects. In addition, doctors can prescribe dangerous medications to their patients as well as some women do not get proper information about the risks of taking certain drugs during pregnancy. These are known as teratogens. They may cause birth defect settlement defects in the fetus including spina Bifida.

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

It is important to collect as the evidence you can prior to making a claim against the parties responsible. Included in this are ultrasound images and blood tests as well as medical bills incurred due to. This will help the attorney determine the value of the case.

Product Liability

Pregnancy is among the most exciting, and stressful experiences in the life of a woman. But it's also a period where many medical professionals make mistakes that can lead to birth defects. An experienced attorney can help parents make a claim against those who are responsible for their child's disabilities and acquire the proper compensation they're entitled to.

Medical experts aren't always able to determine the root of birth defects, but a large number can be attributed to chemical or environmental exposure. 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 spraying for crops and pesticides.

Manufacturers and those who prescribe medication must also warn the public about the risks. A significant portion of these drugs is marketed to women who are pregnant without warnings of the possibility of birth defect. This is especially applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases that involve the occurrence of birth defects resulting from parental exposure to toxic chemicals, which includes the ones used in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.