Birth Defect Litigation

Parents want perfect babies However, some injuries occur outside of their control. When these injuries require special medical attention and expensive procedures, it can cause families to incur huge costs.

A New York birth defect lawyer can help stunned parents file a claim and get compensation to cover future costs. However, the law imposes strict deadlines for the time a claim has to be filed.

Statute of limitations

Modern technology and medical advancements have aided in reducing the risks that are associated with childbirth, pregnancy and birth. However, birth defects and injuries can still occur. Families need to explore their legal options if they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors at any time during pregnancy, labor and delivery processes. Medical professionals can also be guilty of malpractice following the birth of a baby in the event that they fail to provide appropriate treatment.

Generally, the time limit for these cases is 2.5 years from the date of the act of medical malpractice. This time frame can be extended for infants. It is crucial to consult a lawyer as soon as you can to ensure that all evidence is gathered, and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of a baby for birth defects caused by wrongful toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

Parents should take into consideration the following characteristics when choosing an attorney to represent them in a lawsuit involving birth defects or birth injuries:

Medical Malpractice

Birth defects can result in an array of physical or mental problems. Certain birth defects can cause death. Certain of these problems could be caused by genetics and others may be caused by exposure to environmental factors or prescription drugs taken during pregnancy.

A medical professional or doctor may be accused of negligence in the event of causing birth defects by their actions or inaction. The most common cases involve medical negligence during the birth or labor process. However, they can also include any act or inability to act that is not in the range of the medical standard of care, like not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One such type of case involves a medication called teratogens, which can cause birth defects that are serious. During pregnancy, doctors typically advise women to stay clear of this medication, which is used to treat seizures. If a pregnant woman is exposed to this drug, she should file a claim.

It is crucial to select an attorney who is experienced in handling these types of cases. Look for a law firm that is specialized in this field and operates on the basis of a contingent fee, which means you don't have to pay any fees unless you are successful. Also, look for a lawyer with strong negotiation and communication abilities. This will help to ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities that require expensive medical treatment and accommodations for the child. These disorders are usually genetic, but 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 the public about the potential dangers. Unfortunately some pharmaceutical companies are not keeping up with the latest research or fail to anticipate possible adverse effects. Moreover, doctors may prescribe dangerous drugs to their patients, and some women do not receive adequate information on the dangers of taking certain medications during pregnancy. These are known as teratogens, and they can cause birth defects in the fetus, such as spina bifida.

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

It is crucial to collect as much evidence as you can before filing a suit against the responsible parties. This includes ultrasound scans, blood tests and medical bills incurred because of the birth defect. This information assists the attorney to determine the worth of the case.

Product Liability

Pregnancy is among the most exciting, but stressful experiences in a woman's lifetime. It's also the time when medical professionals are prone to making mistakes that can lead to birth defects. A top lawyer can help parents file a claim against those responsible for their child's condition and obtain the justice they deserve.

While the causes of birth defects are typically unknown to medical experts but a large proportion of birth defects can be attributed to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals at the workplace, like solvents and glycol ethers used in semiconductor manufacturing and agricultural chemicals used for pesticides and spraying of crops.

Furthermore, manufacturers and the people who prescribe prescription medications must inform people of their risks. However, a significant portion of these drugs are marketed off-label to women of childbearing age without proper warnings about the potential for birth defects. This is especially relevant for antidepressants like 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 of parents to toxic chemicals like those used in semiconductor manufacturing or farming. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.