Birth Defect Litigation

Parents want perfect babies, but some injuries happen out of their control. Families may be left with huge debts when these injuries require expensive procedures and special treatment.

A New York birth defect lawyer can assist parents who are stunned to file claims and receive compensation to pay for future expenses. The law has strict time limits for when claims can be filed.

Statute of limitations

Modern medical technology and advances have made it possible to reduce the risks associated with pregnancy, childbirth and birth. However, birth defects and injuries continue to occur. If they're preventable, families need to explore their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases can involve mistakes committed by nurses or doctors staff at any time during the birth process, including labor and pregnancy. In addition medical professionals could be guilty of medical malpractice after the birth defect law firms of a baby when they fail to provide proper treatment.

Generally, the time-limit for these cases is generally 2.5 years from the date of the act of medical malpractice. This time period can be extended for infants. It is crucial to consult a lawyer early enough to ensure that all evidence is collected and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of an infant for birth defects caused by wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

Parents should be aware of the following aspects when choosing an attorney to represent them in a lawsuit for birth defects or injuries:

Medical Malpractice

Birth defects can result in many mental or physical ailments. Some birth defects can be fatal. Some of these issues could be genetic and others may be caused by environmental exposures or prescription medications taken during pregnancy.

A doctor or medical professional may be accused of negligence in the event of causing birth defects through their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they can include any act or failure to act in excess of the medical standard of care, like failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One instance of situation involves a drug known as teratogens, which could cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug then she must file an insurance claim.

It is crucial to select an attorney with experience handling these types of cases. You should seek out an attorney who has extensive experience in this field. It also is based on contingency, meaning that you won't be charged nothing until you win. Also, search for a lawyer with strong negotiation and communication skills. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require expensive medical care and accommodations for the child. Often, these conditions are genetically inherited, but some of them may be caused by environmental or chemical exposure, or by medications the mother was taking during pregnancy.

Drug manufacturers are required to adequately test their products and inform consumers of any potential risks. Unfortunately some pharmaceutical companies do not keep up-to-date with the latest research or fail to anticipate possible adverse consequences. Certain doctors prescribe dangerous drugs to their patients. Some women are not informed about the risks associated with taking certain medications while pregnant. These drugs are referred to as teratogens, and they can cause birth defects in the fetus, including spina bifida.

Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury that affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that could cause harm to their reproductive health and lead to birth defects.

It is crucial to gather as the evidence you can before filing a lawsuit against the responsible parties. This includes ultrasound scans, blood tests and medical bills that arise due to the birth defect. This will help the attorney determine the monetary worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful times in a woman's life. But it's also a time where medical professionals often make mistakes that could cause birth defects. An experienced attorney can help parents file a claim against those accountable for their child's handicap and acquire the proper compensation they're entitled to.

Although the causes of birth defects are typically not understood by medical professionals but a large proportion of birth defects can be linked to exposure to chemicals or environmental factors. This can be due to exposure by parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.

Manufacturers and those who prescribe medicines are also obliged to warn the public about their risks. However, a significant portion of these medications are sold off-label for women of childbearing age, without warnings about the potential for birth defects. This is particularly true for 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. His practice focuses on cases involving the occurrence birth defects that result from parental exposure to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.