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Birth Defect Litigation

Parents want their children to be perfect However, some accidents happen beyond their control. When these injuries require special medical attention and expensive procedures, it can cause families to be faced with massive costs.

A New York birth defect attorney can assist parents who are in shock to file claims to obtain compensation for future expenses. The law has strict time limitations on when claims can 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 must consider their legal options when they can be prevented.

Many birth defect suits are stemming from claims of medical malpractice. These cases could involve mistakes made by doctors or nurses at any time during the pregnancy, labor and delivery processes. Additionally medical professionals may be guilty of medical malpractice following a child's birth if they fail to provide proper treatment.

Generally, the time limit for these cases is 2.5 years from the date of the occurrence of medical negligence. For infants this period may be extended. It is essential to speak with an attorney immediately to ensure that all the evidence is collected and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases on behalf of the family.

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

Medical Malpractice

Birth defects can lead to many mental or physical problems. Some birth defects can cause death. Some of these problems are caused by genetics, while others are caused by exposure to the environment or the use of prescription medications during pregnancy.

A medical professional or doctor could be accused of malpractice in the event of causing birth defects through their actions or inaction. The majority of these cases are based on medical negligence in labor or delivery. However, they can include any act or inability to act that is not in the range of the medical standard of care, like not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One such type of situation is a drug called teratogens. This medication can cause serious birth defects. During pregnancy, doctors typically advise women to avoid taking this medication, which is used to treat seizures. If women are exposed to the drug she must file an insurance claim.

It is crucial to select an attorney who has handled these kinds of cases. You should choose an attorney who has years of experience in this field and operates on contingency basis, which means you don't pay anything until you win. Look for an attorney with an excellent ability to communicate and negotiate. This will help to ensure that you make your claim in time before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, which require expensive medical care and accommodations for the child. These conditions are often genetic, but can also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.

Drug makers are required to thoroughly test their products and warn consumers of any risks. Unfortunately certain pharmaceutical companies do not keep up with the latest research or anticipate potential side effects. Certain doctors prescribe dangerous medications to their patients and some women are not aware of the dangers associated with taking certain drugs while pregnant. These are known as teratogens and can cause birth defects in the fetus, including spina Bifida.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, as well as 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 toxic chemicals and substances that affect their reproductive health and lead to birth defects.

It is crucial to gather as all evidence you can prior to filing a lawsuit against the party responsible. Included in this are ultrasound images or blood tests, as well as medical bills that are incurred as a result. This helps the attorney establish the 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 when many medical professionals make mistakes that can cause birth defects. A top lawyer can assist parents in filing an appeal and gaining the compensation they deserve against the people responsible for the disabilities of their child.

While the causes of birth defects are usually unknown to medical professionals but a large proportion of birth defects are linked with exposure to chemicals or the environment. This may include contact by parents with toxic chemicals in the workplace, such as solvents and glycol ethers used in semiconductor manufacturing, and chemical pesticides used in agriculture and spraying crops.

The manufacturers and the people who prescribe medication also have a duty to inform the public about the risks. Yet, a substantial portion of these drugs are sold off-label to women of childbearing age without warnings regarding 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 chemical and pharmaceutical companies. He focuses his practice on cases involving the occurrence birth defects resulting from exposure of parents to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.