Birth Defect Litigation

Parents want their children to be perfect however, there are some injuries that occur outside of their control. When injuries require specialized treatment and costly procedures, it can leave families with huge expenses.

A New York birth defect attorney can assist parents grieving and file an action to receive compensation for future expenses. However, the law places strict deadlines on when a claim should be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce risks that are associated with childbirth, pregnancy and birth. However birth defects and injuries still occur. If they can be prevented, families need to explore their legal options.

Many birth defect lawsuits are made on the basis of claims of medical malpractice. These lawsuits can result from mistakes made by nurses or doctors staff at any point during pregnancy, labor and birth. Medical professionals can also be negligent following the birth of a child if they fail provide proper treatment.

Generally, the statute of limitations in these cases is 2.5 years from the date of the occurrence of medical negligence. This time period may be extended for infants. However, it is important to seek legal counsel immediately to ensure that all evidence has been collected and that a timely claim can be filed.

In addition to medical malpractice, a suit could also be filed on behalf of an infant for birth defects that result from wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers are able to investigate 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 consider the following qualities:

Medical Malpractice

Birth defects can cause various physical and mental problems. Some of them could be fatal. Some of these problems are inherited, while others are caused by environmental exposures or the use of prescription drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice if they cause birth defects by their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they may also be a result of any action or failure to act that is not in the range of the medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One of these cases involves teratogens. These drugs can cause serious birth defects. During pregnancy, doctors typically advise women to avoid taking this medication, which is utilized in the treatment of seizures. If a woman is exposed to the drug then she should submit an action.

It is important that you choose an attorney with previous experience in these cases. Find a firm that is specialized in this area and works on the basis of a contingent fee, which means you don't pay anything unless you win. Choose an attorney with excellent communication and negotiation skills. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

A lot of birth defects can cause physical or mental disabilities, which require expensive medical care and accommodations for the child. These disorders are usually genetic, but can also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.

Drug manufacturers are required to adequately test their products and inform consumers of any potential risks. Sadly certain pharmaceutical companies do not keep up with the latest research or foresee potential side effects. Moreover, doctors may prescribe dangerous drugs to patients and women may not receive the correct information regarding the risks of taking certain medications during pregnancy. These drugs, also known as teratogens may cause birth defects, like spina-bifida, in the fetus.

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

When filing lawsuits against the people that are accountable for your child's health It is crucial to gather the most evidence you can. This includes ultrasound images, blood tests and medical bills that arose as a result of the birth defect. This will help the attorney determine the monetary worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking experiences a woman can go through in her life. It's also a time when medical professionals can make mistakes that can lead to birth defects. A reputable attorney can assist parents in filing an appeal and gaining the compensation they deserve against those responsible for the disability of their child.

Although the causes of birth defect attorney defects are often not understood by medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental factors. This may include contact by parents with toxic chemicals at the workplace, like solvents and glycol ethers used in semiconductor manufacturing, and agricultural chemicals for pesticides and spraying on crops.

Manufacturers and those who prescribe medicines also have a duty to warn the public about their risks. However, a significant portion of these drugs are offered off-label for women of childbearing age without proper warnings about the possibility of birth defects. This is particularly true for antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects result from parental exposure to toxic chemical like those employed in semiconductor manufacturing or agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.