Birth Defect Litigation

Some injuries are out of the parents' control. When these injuries require special treatment and expensive procedures, it can leave families with huge expenses.

A New York birth defect lawyer can help stunned parents file a claim and get compensation to cover future expenses. The law has strict deadlines on when claims can be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks of childbirth and pregnancy. However birth defect attorney defects and injuries continue to occur. If they can be prevented, families need to explore 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 point in the labor and birth processes. Medical professionals can also commit malpractice after the birth of a baby if they fail provide proper treatment.

Generally speaking, the time limit for these cases is generally 2.5 years from the date of the incident of medical malpractice. This time period can be extended for infants. It is essential to speak with a lawyer as soon as you can to ensure that all the evidence is collected, and that a timely complaint can be filed.

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

Parents should take into consideration the following aspects when choosing an attorney to represent them in a lawsuit for birth defects or birth injuries:

Medical Malpractice

Birth defects can trigger an array of mental or physical ailments. Some of them can be fatal. Some of these problems are inherited, whereas others are caused by exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional could be accused of misconduct if they cause a birth defect through their actions or inaction. These cases usually are caused by medical negligence during labor or delivery. However, they may also comprise any act or failure to act that is not in the range of a medical standard of care, such as failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One such case involves teratogens. These medications can cause serious birth defects. In the course of pregnancy, doctors generally advise women to not take this medication, which is used in the treatment of seizures. If a woman who is pregnant is exposed to this drug, she should submit a claim.

It is crucial to select an attorney who is experienced in handling these kinds of cases. Find a law firm that has a specialization in this area and works on the basis of a contingent fee, which means you won't have to pay a dime unless you are successful. Look for an attorney with outstanding negotiation and communication skills. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects cause physical or mental disabilities, which require expensive medical care and accommodations for the child. Most of the time, these issues are genetically inherited, but some of them are caused by environmental or chemical exposure, or medications that the mother took during pregnancy.

Pharmaceutical companies are required to test their products properly and inform the public about any risks that could be present. Unfortunately some pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate potential adverse effects. Certain doctors prescribe dangerous medications to their patients. Moreover, some women are not informed about the risks associated with taking certain drugs while pregnant. These drugs, also known as teratogens, may cause birth defects, including spina-bifida, in the fetus.

Other substances that can cause birth defects are chemicals employed in the production and agricultural industries, as well as heavy metals like mercury that are contaminating groundwater and air. Diane Paolicelli's legal career is focused on fighting powerful corporations who expose women to toxic chemicals and substances that can cause harm to their reproductive health and cause birth defects.

If you are filing an action against the parties who are responsible for your child's illness It is crucial to gather as much evidence as possible. This includes ultrasound images, blood tests, and medical bills that arose because of the birth defect. This helps the attorney establish the monetary worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxious experiences of the life of a woman. However, it's also a time when medical professionals can make mistakes that can lead to birth defects. A reputable attorney can assist parents in filing claims and getting the compensation they deserve from those responsible for the handicap of their child.

Medical experts are not always able to pinpoint the exact cause of birth defects, however most of them can be attributed to chemical or environmental exposure. This could be due to contact by parents with toxic chemicals at the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing, and chemical pesticides used in agriculture and spraying of crops.

The pharmaceutical companies and those who prescribe medicines are also obliged to warn the public about the risks. A large portion of these medications are sold to women who are expecting without warnings about the possibility of birth defect. 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 chemical and pharmaceutical companies. His practice focuses on cases that involve the occurrence of birth defects resulting from parental exposure to toxic chemicals, including those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.