Birth Defect Litigation

Parents want their children to be perfect However, some injuries occur outside their control. Families could be faced with a large bill when injuries require costly procedures and specialized care.

A New York birth defect attorney can assist parents in shock file a claim to get compensation for future expenses. However, the law has strict deadlines when a claim should be filed.

Statute of Limitations

Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. However birth defects and injuries do occur. If they're preventable families must explore their legal options.

Many birth defect lawsuits are made on the basis of allegations of medical malpractice that occurred. These lawsuits can result from mistakes committed by nurses or doctors staff at any point during labor, pregnancy and birth. Medical professionals can also commit malpractice after the birth of a baby in the event that they fail to provide appropriate treatment.

Generally speaking, the time-limit for these cases is 2.5 years from when the act was committed of medical malpractice. For infants, the time is sometimes extended. It is crucial to consult an attorney as soon as you can to ensure that all the evidence is collected, and that a timely complaint be filed.

A lawsuit may 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 examine these claims and bring them to trial on behalf of the family.

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

Medical Malpractice

Birth defects can cause a wide range of mental or physical issues. Certain birth defects can be fatal. Some of these problems are inherited, while others are due to exposure to environmental factors or the usage of prescription drugs during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defects as a result of their actions or inaction. These cases typically are due to medical negligence during delivery or labor. However, they can include any act or inability to act that is in violation of the medical standard of care, like not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One of these cases involves Teratogens. These drugs can result in birth defects that are serious. During pregnancy, doctors usually advise women to avoid taking this medication, which is used to treat seizures. If women are exposed to the drug, then she must submit an action.

It is crucial to choose an attorney who has previous experience in these cases. You should seek out an attorney with years of experience in this field and is based on contingency, meaning that you don't have to pay anything until you are successful. Find an attorney who has an excellent ability to communicate and negotiate. This will ensure that you file your claim before the time for filing expires.

Prescription Drugs

A variety of birth defects cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. Often, these conditions are inherited, but a few of them can be caused by environmental or chemical exposure, or the medications the mother was taking during pregnancy.

Drug makers are required to ensure that their products are tested properly and warn consumers of any risks. Unfortunately some pharmaceutical companies do not keep up with research or anticipate potential side effects. Certain doctors prescribe dangerous medications to their patients. Moreover, some women are not aware of the risks of taking certain drugs while pregnant. These drugs, also known as teratogens can cause birth defects such as spina-bifida in the fetus.

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

When bringing lawsuits against the parties accountable for your child's condition, it is important to gather the most evidence you can. This includes any ultrasound images, blood tests, and medical bills that arose as a result of the birth defect. This assists the attorney in determining the monetary worth of the case.

Product Liability

Pregnancy can be one of the most exciting and nerve-wracking experiences in the life of a woman. It's also a time when many medical professionals make mistakes that could cause birth defects. An experienced attorney can help parents make a claim against those responsible for their child's condition and obtain the proper compensation they're entitled to.

Although the causes of birth defects are generally unknown to medical professionals however, a significant proportion can be attributed to environmental or chemical exposure. This can be due to exposure by parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying for crops and pesticides.

In addition, manufacturers and the people who prescribe prescription medications have a responsibility to inform patients of the risks. However, a significant portion of these medications are sold off-label to women of childbearing age without warnings regarding the possibility of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects are caused by parental exposure to toxic chemical like those employed in semiconductor manufacturing or farming. He graduated of the American University in Washington, D.C. as well as Suffolk University Law School.