Birth Defect Litigation

Parents want perfect babies, but some injuries happen outside their control. Families could be faced with a huge bill when injuries require costly procedures and special treatment.

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

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks associated with childbirth and pregnancy. However birth defects and injuries can still occur. Families should consider their legal options when they can be prevented.

Many birth defect suits are stemming from allegations of medical malpractice that occurred. These cases could involve mistakes made by doctors or nursing staff at any point during labor, birth and pregnancy. Medical professionals may also commit malpractice after the birth of a child when they fail to provide the proper treatment.

In general, the statutes of limitations for these cases are 2.5 years from the date of the medical negligence. This time period can be extended for infants. It is crucial to consult an attorney as soon as you can to ensure that all evidence is gathered and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of a baby for birth defects resulting from improper toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

When choosing an attorney for a birth defect or birth injury lawsuit, parents should look for birth defect lawyers the following characteristics:

Medical Malpractice

Birth defects can cause a wide range of physical or mental problems. Some may even be fatal. Certain of these problems could be caused by genetics and others may be caused by exposure to the environment or prescription drugs taken during pregnancy.

A doctor or medical professional may be accused of malpractice when they cause birth defects through their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they may also comprise any act or failure to act that is not in the range of a medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One example involves teratogens. These drugs can result in serious birth defects. During pregnancy, doctors usually advise women to stay clear of this medication, which is used in the treatment of seizures. If a pregnant woman is exposed to this medication, she must make an insurance claim.

It is crucial to select an attorney who has handled these types of cases. Find a firm that specializes in this area and operates on a contingency basis, so you won't have to pay a dime unless you win. Also, look for an attorney with excellent communication and negotiation skills. This will 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 that require expensive medical treatment and accommodations for the child. These conditions are often genetic, but they can also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.

Pharmaceutical companies are required to test their products correctly and warn the public of any potential dangers. Unfortunately, some pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate potential adverse consequences. Certain doctors prescribe dangerous medications to their patients and some women aren't aware of the dangers associated with taking certain medications during pregnancy. These drugs, referred to as teratogens can cause birth defects, such as spina-bifida, in the fetus.

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

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

Product Liability

Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. It's also a time where medical professionals make mistakes that can lead to birth defects. A reputable attorney can assist parents in submitting claims and getting the amount they deserve from those who are responsible for the impairment of their child.

Medical experts aren't always able to determine the exact cause of birth defects, however many of them can be caused by environmental or chemical exposure. This can include parental exposure to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in spraying for crops and pesticides.

Manufacturers and those who prescribe medications also have a duty to warn the public about the risks. A significant portion of these medications are sold to women who are pregnant, without warnings of the potential for birth defects. This is especially relevant 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. His practice is centered around cases where birth defects result from exposure to toxic chemicals in the home by parents such as those that are used in semiconductor manufacturing or agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.