Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur outside their control. When these injuries require special care and costly procedures, it can result in huge costs for families.

A New York birth defect lawyer can help stunned parents file an appeal and obtain compensation to cover future costs. The law has strict deadlines on when a claim can be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks that come with childbirth and pregnancy. Birth defects and injuries remain a possibility. Families should consider their legal options when they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors personnel at any stage of labor, pregnancy and birth. Medical professionals may also commit malpractice after the birth of a child if they fail provide proper treatment.

Generally speaking, the time-limit for these cases is generally 2.5 years from when the act was committed of medical malpractice. This time period may be extended for infants. It is essential to speak with an attorney whenever you can to ensure that all the evidence is gathered, and that a timely complaint be filed.

A lawsuit may be filed on behalf of a child to claim birth defects caused by toxic and chemical exposures during the pregnancy. Lawyers specially trained in birth defects can investigate these claims and prosecute them on behalf of the family.

Parents should be aware of the following aspects when choosing an attorney to represent them in a lawsuit for birth defects or birth injuries:

Medical Malpractice

Birth defects can lead to various mental and physical ailments. Certain birth defects could be fatal. Some of these problems may be caused by genetics and others may be caused by environmental exposures or prescription medications taken during pregnancy.

A doctor or medical professional may be accused of malpractice when they cause birth defects by their actions or inaction. These cases are usually caused by medical negligence during delivery or labor. However, they can also include any act or inability to act in excess of a medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One example is involving teratogens. These drugs can result in serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must make an insurance claim.

It is essential to choose an attorney with experience in these types of cases. You should seek out a firm with extensive experience in this field. It also operates on contingency basis, which means you don't pay anything until you win. Look for an attorney who has excellent communication and negotiation skills. This can help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

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

Drug makers are required to thoroughly test their products and warn consumers about any potential risks. Sadly certain pharmaceutical companies fail to keep up with research or anticipate possible side effects. Some doctors recommend dangerous drugs to their patients. Moreover, some women are not informed about the dangers associated with taking certain drugs while pregnant. These drugs are known as teratogens. They may cause birth defects in the fetus, including spina bifida.

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

It is important to collect as the evidence you can before making a claim against the parties accountable. Included in this are ultrasound images, blood tests, and medical bills that are incurred as a result. This allows the attorney to determine the financial worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful moments in a woman's life. But it's also a period when medical professionals can make mistakes that could cause birth defects. A top attorney can assist parents in submitting an appeal and gaining the amount they deserve from those responsible for the disability of their child.

Medical experts are not always able determine the exact cause of birth defects, but many of them can be due to environmental or chemical exposure. This could include exposure of parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.

The pharmaceutical companies and those who prescribe medications must also warn the public about the risks. A large portion of these drugs is marketed to women who are pregnant without warnings of the potential for birth defect. This is particularly applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, 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 by parents, such as those used in semiconductor manufacturing or agriculture. He graduated of the American University in Washington, D.C. and Suffolk University Law School.