Birth Defect Litigation

Parents want perfect children However, some injuries occur beyond their control. Families could be faced with huge debts when these injuries require costly procedures and special attention.

A New York birth defect attorney can help parents who are shocked to file claims to obtain compensation for future expenses. However, the law places strict deadlines the time a claim has to be filed.

Statute of Limitations

Modern medical technology and advances have made it possible to reduce the risks related to pregnancy, childbirth and birth. Birth defects and injuries still occur. If they can be prevented, families must explore their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing personnel at any stage of labor, birth and pregnancy. In addition medical professionals may be guilty of medical malpractice following the birth of a baby if they fail to provide proper treatment.

Generally, the time limit for these cases is 2.5 years from the date of the incident of medical negligence. For infants, the time period can be extended. However, it is essential to seek legal counsel as soon as possible to ensure that all evidence is gathered and that a timely claim can be filed.

A lawsuit may be filed on behalf of a child to claim birth defects caused by chemical and toxic exposures during the pregnancy. Lawyers specially trained in Birth Defect Lawsuit defects can investigate and defend these claims on behalf of the family.

When choosing an attorney to represent them in a birth defect or birth injury lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can lead to an array of physical or mental problems. Some birth defects may be fatal. Some of these problems are genetic, but others are caused by environmental exposures or the use of prescription medications during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects due to their actions or inaction. These cases usually involve medical negligence during the birth or labor process. They can also include any other perform a task that is not within the standard of medical care, for example the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One of these cases involves Teratogens. These drugs can result in 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 submit a claim.

It is crucial to select an attorney who has prior experience in these types of cases. Look for a law firm that is specialized in this area, and works on an hourly basis, which means you don't pay anything unless you are successful. Also, search for an attorney who has strong communication and negotiation abilities. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities which require costly medical care and accommodations for the child. The majority of these problems are inherited, but a few can be caused by environmental or chemical exposure or medication that the mother consumed during pregnancy.

Drug makers are required to ensure that their products are tested properly and inform consumers of any risks. Unfortunately some pharmaceutical companies fail to keep up with the latest research or fail to anticipate potential adverse effects. Some doctors prescribe dangerous drugs to their patients. Moreover, some women aren't aware of the risks associated with taking certain medications while pregnant. These medications, also known as teratogens, may cause birth defects such as spina-bifida that can occur in the fetus.

Other substances that could cause birth defects are chemicals employed in the production and agricultural industries in addition to heavy metals such as mercury, which are contaminating the groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that harm their reproductive health and cause birth defects.

It is important to collect as the evidence you can prior to filing a suit against the parties responsible. Included in this are any ultrasound images or blood tests, as well as medical bills incurred as a result. This will help the attorney determine the monetary value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful moments in a woman's life. It's also the time when medical professionals make mistakes that cause birth defects. A top lawyer can assist parents in filing an action and obtaining the compensation they deserve from those responsible for the handicap of their child.

Although the causes of birth defects are generally unknown to medical professionals, a significant number can be linked to exposure to chemicals or environmental causes. This could be due to contact by parents with toxic chemicals in the workplace, such as glycol ethers and solvents used in semiconductor manufacturing as well as chemical pesticides used in agriculture and spraying of crops.

The pharmaceutical companies and those who prescribe medications are also required to inform the public about the dangers of their products. A large portion of these medications are sold to pregnant women without warnings about the possibility 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 pharmaceutical and chemical companies. He concentrates his practice on cases involving the occurrence birth defects due to exposure of parents to toxic chemicals, including those in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.