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Birth Defect Litigation

Parents want perfect children However, some accidents happen outside of their control. If these injuries require special care and costly procedures, it could cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents who are stunned to file an action and receive compensation to cover the cost of future expenses. However, the law has strict deadlines on when a claim needs to be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks of childbirth and pregnancy. However birth defects and injuries continue to occur. Families need to explore their legal options when they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing staff at any point during pregnancy, labor and birth. In addition, medical professionals can commit medical malpractice following a child's birth when they fail to provide proper care.

In general, the statutes of limitations in these cases is 2.5 years after the date of the medical malpractice. The time frame can be extended for infants. But, it is crucial to seek legal counsel immediately to ensure that all evidence is obtained and that a timely claim can be filed.

In addition to medical malpractice, a suit may also be filed on behalf of a baby for birth defects that result from wrongful toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can result in numerous mental or physical issues. Some birth defects can be fatal. Some of these problems may be genetic while others are triggered by environmental exposures or prescription medications taken during pregnancy.

A doctor or medical professional may be accused of negligence in the event of causing a birth defect through their actions or inaction. These cases usually involve medical negligence during the birth or labor process. They also encompass any be in compliance with a standard of medical care, like the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One such type of situation involves 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 an individual is exposed to the drug she must make an insurance claim.

It is important to choose an attorney who is experienced in handling these types of cases. Find a firm that is specialized in this area, and works on an on a contingency basis, meaning you don't have to pay any fees unless you get the case won. Find an attorney who has excellent communication and negotiation skills. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require expensive medical care and accommodations for the child. These conditions are often genetic, but they can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.

Drug manufacturers are required to ensure that their products are tested properly and inform the public of any risks that could be present. Unfortunately, some pharmaceutical companies do not keep up with research or anticipate the potential adverse effects. Furthermore, doctors may prescribe dangerous medications to their patients and women may not have adequate information about the risks associated with taking certain drugs during pregnancy. These are known as teratogens. They can cause birth defects in the fetus. This includes spina bifida.

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

It is crucial to collect as much evidence as you can before filing a suit against the parties accountable. This includes ultrasound scans, blood tests and medical bills that came up because of the birth defect. This information can help attorneys determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet nerve-wracking experiences in the life of a woman. But it's also a period when medical professionals can make mistakes that could cause birth defects. A reputable attorney can assist parents in filing claims and getting the compensation they deserve against those responsible for the handicap of their child.

While the causes of birth defects are usually unknown to medical professionals but a large proportion of birth defects can be attributed to exposure to chemicals or environmental causes. This can include exposure by parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for crop spraying and pesticides.

The manufacturers and the people who prescribe medications must also inform the public about their risks. However, a lot of these drugs are offered off-label for women of childbearing age without proper warnings about the risk of birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases involving the occurrence birth defects that result from exposure of parents to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.