Birth Defect Litigation

Parents want their children to be perfect However, some injuries occur out of their control. Families can be left with huge debts when these injuries require expensive procedures and special attention.

A New York birth defect lawyer can assist parents in filing a claim and get compensation to cover the cost of future expenses. The law has strict deadlines for when claims can be filed.

Statute of limitations

Modern technology and medical advances have reduced the risks associated with pregnancy, childbirth and birth. Birth defects and injuries still occur. If they can be prevented, families should consider 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 point during labor, pregnancy and birth. In addition medical professionals can be guilty of medical malpractice after the birth of a child, if they fail to provide proper treatment.

In general, the statutes of limitations for these cases are 2.5 years after the date of the medical malpractice. This time period may be extended for infants. However, it is important to seek legal advice immediately to ensure that all evidence is obtained and that a timely claim 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 defects lawyers can examine these claims and bring them to trial on behalf of the family.

Parents should think about the following factors when choosing an attorney to represent them in a lawsuit for birth injury or defect:

Medical Malpractice

Birth defects can cause numerous mental or physical problems. Some of them could be fatal. Certain of these problems could be caused by genetics while others are triggered through exposure to the environment or prescription medications used during pregnancy.

A medical professional or doctor could be accused of malpractice in the event of causing birth defects through their actions or inaction. Most cases involve medical negligence during labor or delivery. They can also include any act of failure to perform a task that is not within the standard of medical care, like not diagnosing an illness or prescribing incorrect medication during pregnancy.

One such case involves the teratogens. These medications can cause serious birth defects. Doctors typically advise women 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 a claim.

It is crucial to select an attorney who has handled these types of cases. Look for a law firm that specializes in this area, and works on an hourly basis, which means there is no cost unless you succeed. Also, search 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 for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, which require costly medical care and accommodations for the child. These problems are usually genetic, but they may also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Drug manufacturers are required to ensure that their products are tested properly and warn the public of any potential risks. Unfortunately certain pharmaceutical companies fail to keep up with research or anticipate the potential adverse consequences. Moreover, doctors may prescribe dangerous medicines to their patients and some women do not receive adequate information on the risks of taking certain medications during pregnancy. These drugs, referred to as teratogens may cause birth defects, like spina-bifida, which is a birth defect in the fe.

Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury, which can contaminate 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 affect their reproductive health and cause birth defects.

It is important to collect as the evidence you can prior to making a claim against the responsible parties. This includes ultrasound images, Birth defects blood tests and medical bills that came up as a result of the birth defect. This information can help the attorney determine the worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful events in a woman's lifetime. It's also a time when medical professionals can make mistakes that can cause birth defects. An experienced attorney can assist parents to file a claim against the medical professionals who are responsible for their child's disabilities and receive the justice they deserve.

Medical experts are not always able to determine the causes of birth defects, but many of them can be due to environmental or chemical exposure. This could include contact from parents with toxic chemicals at the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing, as well as agricultural chemicals used for pesticides as well as spraying of crops.

In addition, manufacturers and those who prescribe prescription drugs have a responsibility to warn patients of the risks. However, a significant portion of these drugs are sold off-label for women of childbearing age without adequate warnings about the possibility of birth defects. 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 focuses his practice on cases involving the development of birth defects caused by exposure of parents to toxic chemicals such as the ones used in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C. and Suffolk University Law School.