Birth Defect Litigation

Parents want their children to be perfect, but some injuries happen outside their control. Families may be left with a huge bill when injuries require costly procedures and specialized care.

A New York birth defect attorney can assist parents in shock file an action to receive compensation for future expenses. The law has strict deadlines on when a claim may be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce risks associated with pregnancy, childbirth and birth. However birth defects and injuries still occur. If they're preventable, families must consider their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve mistakes made by nurses or doctors staff at any time during pregnancy, labor and birth. Medical professionals may also be guilty of malpractice following the birth of a baby by failing to provide the correct treatment.

Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the occurrence of medical negligence. The time frame is extended for infants. It is crucial to consult an attorney immediately to ensure that all the evidence is collected, and that a timely complaint can be filed.

A lawsuit may be filed on behalf of a child in relation to birth defects that are caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can examine these claims and prosecute them on behalf of the family.

When selecting an attorney for a birth defect law firm injury or defect lawsuit parents should be looking for birth defect the following characteristics:

Medical Malpractice

Birth defects can lead to a variety of mental and physical problems. Some of them could be fatal. Some of these issues are inherited, while others are caused by exposure to environmental factors or the usage of prescribed drugs during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects through their actions or inaction. These cases typically involve medical negligence during labor or delivery. They also encompass any other act which falls below a standard of medical treatment, for instance failing to recognize an illness or prescribing incorrect medication during pregnancy.

One instance of case is 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 an insurance claim.

It is essential to select an attorney with experience handling these kinds of cases. Find a firm that is specialized in this area and operates on a contingency basis, so you won't have to pay a dime unless you are successful. Also, you should look for an attorney who has strong communication and negotiation abilities. This will help to ensure that you make your claim in time before the time limit expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities which require costly medical care and accommodations for the child. Often, these conditions are genetic, but some of them may be caused by environmental or chemical exposure or medication that the mother consumed during pregnancy.

Drug manufacturers are required to ensure that their products are tested properly and warn the public of the potential dangers. Unfortunately certain pharmaceutical companies fail to keep up-to-date with current research or fail to anticipate potential side effects. Certain doctors prescribe dangerous drugs to their patients. Some women are not informed about the risks associated with taking certain medications during pregnancy. These drugs are referred to as teratogens and may cause birth defects in the fetus including spina bifida.

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

If you are filing lawsuits against the parties who are responsible for your child's illness, it is important to gather as much evidence as you can. This includes any blood tests, ultrasound images, and medical bills that came up as a result of the birth defect. This helps the attorney establish the financial worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. It's also a time where medical professionals can make mistakes that can lead to birth defects. An experienced attorney can help parents in filing an action and obtaining the money they deserve from those responsible for the handicap of their child.

Medical experts are not always able determine the causes of birth defects, but a large number can be due to environmental or chemical exposure. This could include contact from parents with toxic chemicals in the workplace, such as glycolethers and solvents utilized in semiconductor manufacturing as well as agricultural chemicals for pesticides and crop spraying.

The manufacturers and the people who prescribe medications must also warn the public about the dangers of their products. A majority of these medications are sold to pregnant women without warnings about the possibility of birth defect. This is particularly applicable to 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 are caused by parental exposure to toxic chemical like those used in semiconductor manufacturing or agricultural. He graduated from American University in Washington, D.C. and Suffolk University Law School.