Birth Defect Litigation

Some injuries are out of the parents in their control. Families are left with a large bill when injuries require costly procedures and special care.

A New York birth defect law firms defect attorney can help parents shocked to file an action to receive compensation for future expenses. However, the law puts strict deadlines for when a claim should be filed.

Statute of Limitations

Modern technology and medical advancements have made it possible to reduce the risks associated with pregnancy, childbirth and birth. However birth defects and injuries do occur. Families must consider their legal options if they are preventable.

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 labor, pregnancy and birth. Medical professionals can also commit malpractice after the birth of a child if they fail provide proper treatment.

In general, the statutes of limitations in these cases are 2.5 years from the date of the medical malpractice. This time frame can be extended for infants. It is nevertheless important to seek legal counsel early enough to ensure that all evidence is collected and that a timely claim can be filed.

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

Parents should think about the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth injury or defect:

Medical Malpractice

Birth defects can cause an array of mental or physical problems. Some of them could be fatal. Some of these issues are inherited, while others are due to environmental exposures or the use of prescription medications during pregnancy.

A doctor or medical professional could be accused of misconduct when they cause birth defects by their actions or inaction. These cases usually are due to medical negligence during labor or delivery. However, they can also include any act or inability to act that is not in the range of a medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One instance of case involves a medication called teratogens, which can cause birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must submit an insurance claim.

It is essential to select an attorney with experience handling these kinds of cases. Find a law firm that specializes in this area, and works on a contingency basis, so you don't pay anything unless you get the case won. Additionally, you should choose an attorney who has strong communication and negotiation skills. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

Drug manufacturers are required to test their products correctly and inform the public of any potential risks. Unfortunately, some pharmaceutical companies fail to keep up-to-date with current research or fail to anticipate possible adverse consequences. Some doctors recommend dangerous drugs to their patients. Moreover, some women aren't aware of the risks associated with taking certain drugs while pregnant. These are known as teratogens. They could cause birth defects in the fetus including spina bifida.

Other substances that can cause birth defects are chemicals used in agriculture and manufacturing, as well as heavy metals such as mercury that are contaminating air or groundwater. Diane Paolicelli's legal career is dedicated to fighting powerful corporations that expose women to harmful substances and chemicals that can affect their reproductive health or lead to birth defects.

It is crucial to collect as the evidence you can prior to making a claim against the responsible parties. This includes ultrasound scans, blood tests and medical bills that arise as a result of the birth defect. This will help the attorney determine the financial worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking events in a woman's lifetime. But it's also a time where many medical professionals make mistakes that could cause birth defects. An experienced attorney can help parents in filing an action and obtaining the compensation they deserve against those responsible for the disability of their child.

Medical professionals aren't always able determine the root of birth defects, but many of them can be attributable to environmental or chemical exposure. This can include parental exposure to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in pesticides and crop spraying.

The manufacturers and the people who prescribe medication are also obliged to inform people about the dangers. A large portion of these drugs is marketed to women who are pregnant without warnings of the potential for birth defects. This is particularly the case with 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 focuses his practice on cases involving the occurrence of birth defects that result from exposure of parents to toxic chemicals, including those in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C. as well as Suffolk University Law School.