Birth Defect Litigation

Certain injuries are beyond the parents or their control. Families can be left with a large bill when injuries require costly procedures and special care.

A New York birth defect attorney can help parents grieving and file an action to receive compensation for future expenses. However, the law places strict time limitations on when a claim must be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce risks associated with pregnancy, childbirth and birth. However birth defects and injuries do occur. If they're preventable, families must consider their legal options.

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

In general, the statutes of limitation for these cases is 2.5 years from the date of the medical error. For infants, the time period can be extended. It is crucial to consult a lawyer early enough to ensure that all evidence is collected and that a timely complaint be filed.

A lawsuit can be filed on behalf of a child to claim birth defects caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

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

Medical Malpractice

Birth defects can lead to an array of mental or physical problems. Some may even be fatal. Some of these problems are inherited, while others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects through their actions or inaction. These cases usually are based on medical negligence in delivery or labor. However, they may also be a result of any action or failure to act that falls short of the medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One such type of situation involves a drug known as teratogens, which could cause birth defects that are serious. In the course of pregnancy, doctors generally advise women to not take this medication, which is used in the treatment of seizures. If a pregnant woman is exposed to this drug, she should file a claim.

It is crucial to select an attorney who has experience in handling these types of cases. Choose a law firm that specializes in this area and works on the basis of a contingent fee, which means you don't pay anything unless you win. Look for an attorney with great negotiation and communication skills. This will help ensure that you submit your claim before the statute of limitations expires.

Prescription Drugs

Many birth defects lead to physical or mental disabilities, that require expensive medical treatment and accommodations for the child. These disorders are usually 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 warn consumers about any risks. Sadly many pharmaceutical companies fail to keep up with research or anticipate potential side effects. Some doctors prescribe dangerous drugs to their patients. Moreover, some women are not informed about the risks of taking certain medications during pregnancy. These drugs, also known as teratogens, can cause birth defect law firm defects such as spina-bifida, in the fetus.

Other substances that could cause birth defects include chemicals used in agriculture and manufacturing as well as heavy metals, like mercury that are contaminating groundwater or air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and substances that damage their reproductive health and lead to birth defects.

If you decide to file lawsuits against the people responsible for your child's condition it is essential to gather as much evidence as possible. This includes ultrasound scans, blood tests and medical bills that arise as a result of the birth defect. This information can help the attorney to determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet stressful experiences in women's lives. It's also the time when many medical professionals can make mistakes that can lead to birth defects. A reputable attorney can assist parents in filing a claim and obtaining the money they deserve from those who are responsible for the impairment of their child.

While the causes of birth defects are often unknown to medical professionals however, a significant proportion can be linked to exposure to chemicals or environmental causes. This could include contact from parents with toxic chemicals in the workplace, such as glycol ethers and solvents used in semiconductor manufacturing and chemical pesticides used in agriculture and spraying crops.

Manufacturers and those who prescribe medication must also warn the public about the risks. However, a significant portion of these medications are sold off-label for women of childbearing age, without warnings about the possibility of birth defects. This is particularly true for antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases involving the development of birth defects resulting from parental exposure to toxic chemicals such as those used in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.