Birth Defect Litigation

Some injuries are out of the parents of their control. If injuries that result from these accidents require special treatment and costly procedures, it could cause families to incur huge costs.

A New York birth defect lawyer can assist parents in filing an action and receive compensation to pay for future expenses. The law has strict time limitations on when claims can be filed.

Statute of Limitations

Modern medical technology and advances have reduced the risks associated with childbirth, pregnancy and birth. However birth defects and injuries continue to occur. Families must consider their legal options if they are preventable.

Many birth defect suits are based on accusations of medical malpractice. These cases could involve mistakes made by nurses or doctors personnel at any stage of the birth process, including labor and pregnancy. Medical professionals may also commit malpractice after the birth of a child in the event that they fail to provide appropriate treatment.

Generally speaking, the time limit for these cases is generally 2.5 years from the date of the incident of medical malpractice. For infants, this period may be extended. However, it is essential to seek legal advice immediately to ensure that all evidence is gathered and that a timely claim can be filed.

In addition to medical malpractice, a suit can also be brought on behalf of an infant for birth defects that result from wrongful exposure to chemicals and toxic substances that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

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

Medical Malpractice

Birth defects can lead to a wide range of physical or mental problems. Some birth defects can be fatal. Certain of these problems could be caused by genetics, while others are caused by environmental exposures or prescription drugs used during pregnancy.

A medical professional or doctor may be accused of negligence when they cause birth defect attorneys defects through their actions or inaction. The majority of these cases are based on medical negligence during delivery or labor. However, they can include any act or failure to act that is in violation of the medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One example of this type of case is a medication called teratogens. This medication can cause serious birth defects. When pregnant, doctors usually advise women to avoid taking this medication, which is used to treat seizures. If a woman is exposed to the drug, she must make a claim.

It is important to choose an attorney who is experienced in handling these kinds of cases. Choose a law firm that specializes in this area and works on an on a contingency basis, meaning you won't have to pay a dime unless you get the case won. Find an attorney who has an excellent ability to communicate and negotiate. This will help to ensure that you make your claim in time before the statute of limitations expires.

Prescription Drugs

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

Drug makers are required to test their products properly and warn the public of the potential dangers. Sadly certain pharmaceutical companies fail to keep up with the latest research or anticipate possible side effects. Certain doctors prescribe dangerous medications to their patients. Moreover, some women aren't aware of the dangers associated with taking certain drugs while pregnant. These drugs are referred to as teratogens, and they can cause birth defects in the fetus, such as spina Bifida.

Other substances that can cause birth defects are the chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury, which affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and other substances that damage 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 parties accountable. Included in this are any ultrasound images, blood tests, and medical bills incurred as a result. This helps the attorney establish the financial value of the case.

Product Liability

Pregnancy is among the most exciting, but anxious experiences of a woman's lifetime. However, it's also a time when many medical professionals make mistakes that can lead to birth defects. An experienced attorney can assist parents to file a claim against the medical professionals responsible for their child's disability and obtain the compensation they deserve.

While the causes of birth defects are often unknown to medical experts but a large proportion of birth defects can be linked to environmental or chemical exposure. This can include exposure by parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for crop spraying and pesticides.

Manufacturers and those who prescribe medicines also have a duty to warn the public about their risks. Yet, a substantial portion of these drugs are offered off-label to women who are pregnant age, without warnings about the possibility of birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. His practice is centered around cases involving the occurrence of birth defects due to exposure of parents to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.