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Birth Defect Litigation

Parents want perfect babies, but some injuries happen beyond their control. If these injuries require special treatment and costly procedures, it can leave families with huge expenses.

A New York birth defect lawyer can help stunned parents file claims and receive compensation to cover future expenses. However, the law puts strict time limitations on the time a claim has to be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks that come with childbirth and pregnancy. Birth defects and injuries do remain a possibility. When they are preventable, families should consider their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice that occurred. These cases could involve mistakes made by doctors or nursing staff at any stage of pregnancy, labor and birth. Additionally medical professionals can be guilty of medical malpractice after the birth of a child if they fail to provide proper treatment.

In general the statute of limitations for these cases is 2.5 years from the date of the medical malpractice. For infants, the time can be extended. It is important to consult an attorney whenever you can to ensure that all evidence is gathered 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 investigate and prosecute these claims on behalf of the family.

Parents should think about the following qualities when selecting an attorney to represent them in a lawsuit involving birth defects or birth injuries:

Medical Malpractice

Birth defects can trigger numerous mental or physical problems. Some birth defects may be fatal. Some of these issues may be genetic while others are caused through exposure to the environment or prescription drugs taken during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defects due to their actions or inaction. These cases are usually caused by medical negligence during labor or delivery. They can also include any other do something that is below the standard of medical care, for example, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One such type of situation is a drug called teratogens. This medication can cause 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 submit an insurance claim.

It is essential to select an attorney who has handled these types of cases. Look for a law firm that is specialized in this area and works on a contingency basis, so you don't pay anything unless you get the case won. Additionally, you should choose a lawyer who has excellent communication and negotiation skills. This will 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 costly medical care and accommodations for the child. These problems are usually genetic, but they may also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.

Drug manufacturers have an obligation to thoroughly test their products and inform consumers of any risks. Unfortunately, some pharmaceutical companies fail to keep up to date with the latest research or fail to anticipate possible adverse effects. Additionally, doctors can prescribe dangerous drugs to their patients and some women do not have adequate information about the dangers of taking certain drugs during pregnancy. These drugs are referred to as teratogens. They can cause birth defects in the fetus, such as spina bifida.

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

If you are filing lawsuits against the people who are responsible for your child's illness it is essential to gather the most evidence you can. This includes ultrasound scans, blood tests, and medical bills that arose as a result of the birth defect. This information can help the attorney assess the value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking events in a woman's lifetime. However, it's also a time where many medical professionals make mistakes that could lead to birth defects. A reputable attorney can assist parents in filing a claim and obtaining the compensation they deserve from the people responsible for the disabilities of their child.

Medical experts aren't always able to determine the exact cause of birth defects, but many of them can be caused by environmental or chemical exposure. This can include parental contact with toxic chemicals in the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing, and agricultural chemicals used for pesticides as well as spraying on crops.

Additionally, the manufacturers and the people who prescribe prescription medications have a responsibility to warn patients of the risks. A majority of these drugs is marketed to pregnant women without warnings of the potential for birth defect. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects are caused by exposure to toxic chemicals by parents such as those that are employed in semiconductor manufacturing or agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.