Birth Defect Litigation

Some injuries are beyond the parents of their control. If these injuries require special care and costly procedures, it can leave families with huge expenses.

A New York birth defect attorney can assist parents grieving and file claims to obtain compensation for future expenses. However, the law imposes strict deadlines when a claim must be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks of childbirth and pregnancy. Birth defects and injuries remain a possibility. If they're preventable, families need to explore their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases can involve mistakes made by doctors or nursing staff at any stage of the birth process, including labor and pregnancy. Medical professionals can also be guilty of malpractice following the birth of a child when they fail to provide the proper treatment.

In general, the statutes of limitations for these cases are 2.5 years after the date of the medical mistake. For infants, the time period can be extended. But, it is crucial to seek legal counsel early enough to ensure that all evidence is obtained and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect lawyers can look into these claims and pursue them on behalf of the family.

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

Medical Malpractice

Birth defects can cause various mental and physical problems. Some of them can be fatal. Certain of these problems could be genetic while others are caused by exposure to the environment or prescription drugs used during pregnancy.

A doctor or medical professional could be convicted of malpractice 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 also include any act or failure to act that is in violation of the medical standard of care, such as failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One example of this type of case involves a medication called teratogens. It can 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 she must make a claim.

It is crucial to select an attorney with experience handling these kinds of cases. Look for a law firm that is specialized in this area and operates on a contingency basis, so there is no cost unless you are successful. Also, you should look for a lawyer who has excellent negotiation and communication abilities. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

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

Drug makers are required to test their products thoroughly and warn 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 medications to their patients as well as some women do not have adequate information about the risks associated with taking certain drugs during pregnancy. These medications, also known as teratogens, may cause birth defects, including spina-bifida, in the fetus.

Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury, which affect groundwater or the air. Diane Paolicelli's legal career is focused on fighting powerful corporations who expose women to harmful chemicals and substances that may harm their reproductive health or cause birth defects.

It is important to collect as the evidence you can prior to filing a lawsuit against the party responsible. This includes ultrasound scans, blood tests, and medical bills incurred as a result of the birth defect. This allows the attorney to determine the worth of the case.

Product Liability

Pregnancy is among the most exciting, and nerve-wracking experiences in a woman's lifetime. It's also the time that medical professionals make mistakes that lead to birth defects. An experienced attorney can help parents bring a lawsuit against those who are responsible for their child's disabilities and obtain the proper compensation they're entitled to.

Although the causes of birth defects are often unknown to medical experts however, many of them can be attributed to exposure to chemicals or environmental causes. This can be due to exposure by parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in spraying for crops and pesticides.

The manufacturers and the people who prescribe medication are also required to warn the public about the dangers of their products. A majority of these drugs are marketed to pregnant women without warnings about the possibility of birth defects. This is particularly applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases where birth defects are caused by exposure to toxic chemicals in the home by parents, such as those employed in semiconductor manufacturing or agricultural. He is a graduate from the American University in Washington, D.C., and Suffolk University Law School.