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Birth Defect Litigation

Some injuries are out of the parents of their control. If these injuries require special medical attention and expensive procedures, it could result in huge costs for families.

A New York birth defect lawyer can assist parents in filing claims and receive compensation to pay for future expenses. However, the law places strict deadlines on when a claim needs to be filed.

Statute of limitations

Modern medical technology and advancements in medical science have aided in reducing the risks associated with childbirth, pregnancy and birth. However, birth defects and injuries can still occur. If they can be prevented, families must explore their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve errors made by nurses or doctors staff at any time during the birth process, including labor and pregnancy. Additionally medical professionals can be guilty of medical malpractice following the birth of a baby when they fail to provide proper care.

In general, the statutes of limitations for these cases is 2.5 years from the date of the medical negligence. The time frame may be extended for infants. However, it is important to seek legal counsel as soon as possible to ensure that all evidence has been collected and that a timely claim can be filed.

In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defects lawyers can look into these claims and bring them to trial on behalf of the family.

Parents should consider the following qualities when selecting an attorney to represent their interests in a lawsuit filed for birth defects or injuries:

Medical Malpractice

Birth defects can cause a variety of mental and physical ailments. Some may even be fatal. Some of these problems are genetic, but others are caused by exposure to environmental factors or the usage of prescription medications during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects due to their actions or inaction. The most common cases involve medical negligence during labor or delivery. They can also include any act of failure to do something that is below the standard of medical care, for example the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One example involves Teratogens. These drugs can cause birth defects that are serious. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should submit a claim.

It is crucial to select an attorney who is experienced in handling these kinds of cases. You should choose an attorney who has years of experience in this field and operates on contingency basis, which means you don't have to pay anything until you are successful. Look for an attorney with outstanding negotiation and communication skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects can 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 may be caused by chemical or environmental exposure, or the medications the mother took during pregnancy.

Pharmaceutical companies are required to test their products properly and warn the public of any potential risks. Unfortunately, some pharmaceutical companies fail to keep up-to-date with current research or fail to anticipate potential adverse consequences. Additionally, doctors can prescribe dangerous medicines to their patients as well as some women do not have adequate information about the dangers of taking certain medications during pregnancy. These medications, also known as teratogens, may cause birth defects such as spina-bifida in the fetus.

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

It is crucial to gather as many evidences as you can prior to making a claim against the responsible parties. Included in this are ultrasound images and blood tests as well as medical bills incurred as a result. This information assists attorneys determine the value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful experiences a woman can go through in her life. However, it's also a time when medical professionals can make mistakes that can lead to birth defects. An experienced attorney can help parents in submitting claims and getting the compensation they deserve from those who are responsible for the impairment of their child.

Medical experts aren't always able to pinpoint the specific cause of birth defects, however most of them can be attributable to environmental or chemical exposure. This may include contact by parents with toxic chemicals at the workplace, such as glycol ethers and solvents used in semiconductor manufacturing, and agricultural chemicals used for pesticides as well as spraying on crops.

In addition, manufacturers and those who prescribe prescription medicines have a responsibility to warn patients of the risks. Yet, a substantial portion of these drugs are offered off-label to women of childbearing age without proper warnings about the risk of birth defects. This is particularly the case with 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. He concentrates his practice on cases involving the development of birth defects due to parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.