Birth Defect Litigation

Some injuries are out of the parents of their control. When injuries require specialized care and costly procedures, it can cause families to be faced with massive costs.

A New York birth defect attorney can assist parents who are in shock to file a claim to get compensation for future expenses. The law has strict time limits on when a claim may be filed.

Statute of Limitations

Modern technology and medical advancements have reduced the risks associated with childbirth, pregnancy and birth defect attorneys. Birth defects and injuries do remain a possibility. Families must consider their legal options when they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any time during the birth, labor and delivery processes. Medical professionals may also be negligent after the birth of a child if they fail provide proper treatment.

Generally, the statute of limitations in these cases is 2.5 years from the date of the act of medical negligence. The time limit is extended for infants. It is nevertheless important to seek legal counsel as soon as possible to ensure that all evidence is collected and that a timely claim be filed.

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

Parents should take into consideration the following factors when choosing an attorney to represent them in a suit for birth injury or defect:

Medical Malpractice

Birth defects can trigger many mental or physical ailments. Some birth defects can cause death. Some of these issues are caused by genetics, while others are caused by environmental exposures or the use of prescription drugs during pregnancy.

A medical professional or doctor could be accused of misconduct when they cause a birth defect through their actions or inaction. These cases typically are based on medical negligence during delivery or labor. They can also be a result of any other be in compliance with a standard of medical care, for example failing to recognize an illness or prescribing incorrect medication during pregnancy.

One instance of situation involves a drug called teratogens. It can cause birth defects that are serious. In the course of pregnancy, doctors generally recommend women not to take this medication, which is utilized in the treatment of seizures. If the woman is exposed to the drug, it is recommended that she file an insurance claim.

It is important that you select an attorney who has expertise in these kinds of cases. It is best to choose an attorney who has extensive experience in this field. It also is based on contingency, meaning that you don't have to pay nothing until you win. Also, look for a lawyer who has excellent negotiation and communication abilities. This will help ensure that you submit your claim before the statute of limitations expires.

Prescription Drugs

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

Drug manufacturers are required to test their products thoroughly and inform the public of any potential dangers. Unfortunately, some pharmaceutical companies don't keep up to date with the latest research or fail to anticipate possible adverse effects. Additionally, doctors can prescribe dangerous medicines to their patients, and some women do not receive the correct information regarding the risks of taking certain medications during pregnancy. These drugs, referred to as teratogens can cause birth defects such as spina-bifida, which is a birth defect in the fe.

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

It is crucial to gather as much evidence as you can before filing a suit against the party responsible. Included in this are ultrasound images as well as blood tests and medical bills that are incurred due to. This allows the attorney to determine the financial worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking experiences a woman can go through in her life. But it's also a period where many medical professionals make mistakes that could lead to birth defects. An experienced attorney can assist parents make a claim against those who are responsible for their child's disabilities and receive the amount of compensation they deserve.

While the causes of birth defects are often not understood by medical professionals but a large proportion of birth defects can be linked to environmental or chemical exposure. This could include contact from parents with toxic chemicals in the workplace, for example glycol ethers and solvents used in semiconductor manufacturing and agricultural chemicals for pesticides and crop spraying.

The manufacturers and the people who prescribe medications are also required to inform people about the dangers. However, a significant portion of these drugs are sold off-label to women of childbearing age without warnings regarding the possibility of birth defects. This is especially true for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases involving the development of birth defects due to parental exposure to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C. as well as Suffolk University Law School.