Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur beyond their control. When these injuries require special care and costly procedures, it can cause families to be faced with massive costs.

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

Statute of limitations

Modern technology and medical advances have helped reduce the risks associated with childbirth and pregnancy. However birth defects and injuries can still occur. Families need to consider their legal options if they can be prevented.

Many birth defect suits are made on the basis of accusations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any stage of the birth process, including labor and pregnancy. Additionally medical professionals can be guilty of medical malpractice after a child's birth when they fail to provide the correct treatment.

In general, the statutes of limitation for these cases is 2.5 years after the date of the medical mistake. For infants, this time period can be extended. But, it is crucial to seek legal advice early enough to ensure that all evidence is obtained 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 bring these cases on behalf of the family.

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

Medical Malpractice

Birth defects can lead to a variety of physical and mental problems. Some birth defects can cause death. Some of these issues may be genetic and others may be caused by exposure to environmental factors or prescription medications used during pregnancy.

A medical professional or doctor could be accused of misconduct when they cause birth defects due to their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they may also include any act or inability to act that is in violation of a medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One of these cases involves teratogens. These medications can lead to serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug, then she must make an action.

It is crucial to select an attorney who has experience in handling these types of cases. Choose a law firm that specializes in this area, and works on a contingency basis, so you won't have to pay a dime unless you get the case won. Look for an attorney who has excellent communication and negotiation skills. This will help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to test their products thoroughly and inform consumers of any risks. Unfortunately certain pharmaceutical companies fail to keep up-to-date with the latest research or fail to anticipate potential adverse effects. Additionally, doctors can prescribe dangerous drugs to patients, and some women do not get proper information about the risks associated with taking certain drugs during pregnancy. These drugs are known as teratogens. They may cause birth defects in the fetus including spina bifida.

Other substances that can cause birth defects are chemicals used in manufacturing and agriculture as well as heavy metals like mercury that are contaminating groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that damage their reproductive health and cause birth defects.

It is important to collect as many evidences as you can prior to making a claim against the parties responsible. Included in this are any ultrasound images, blood tests, and medical bills incurred as a result. This allows the attorney to determine the monetary worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but nerve-wracking experiences in women's lives. However, it's also a time where medical professionals often make mistakes that could cause birth defects. A top lawyer can assist parents in submitting an appeal and gaining the amount they deserve from the people responsible for the disabilities of their child.

Although the causes of birth defects are usually unknown to medical professionals, a significant number can be attributed with exposure to chemicals or the environment. This can include parental contact with toxic chemicals in the workplace, for example glycol ethers and solvents that are used in semiconductor manufacturing as well as agricultural chemicals used for pesticides and spraying of crops.

In addition, manufacturers and those who prescribe prescription drugs must inform patients of the risks. A majority of these medications are sold to women who are pregnant without warnings of the potential for birth defects. 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. His practice is centered around cases where birth defects result from parental exposure to toxic chemical like those employed in semiconductor manufacturing or agricultural. He is a graduate of the American University in Washington, D.C. as well as Suffolk University Law School.