Birth Defect Litigation

Certain injuries are beyond the parents of their control. Families are left with huge debts when these injuries require expensive procedures and special attention.

A New York birth defect lawyer can help stunned parents file an appeal and obtain compensation to pay for future expenses. The law has strict deadlines on when a claim may be filed.

Statute of Limitations

Modern medical technology and advancements in medical science have aided in reducing the risks related to pregnancy, childbirth and birth. However birth defects and injuries can still occur. If they're preventable, families must consider their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve errors committed by nurses or doctors staff at any point during labor, pregnancy and birth. Medical professionals may also commit malpractice after the birth of a baby if they fail provide proper treatment.

In general the statute of limitation for these cases is 2.5 years from the date of the medical mistake. For infants, this time is sometimes extended. However, it is essential to seek legal counsel early enough to ensure that all evidence is obtained and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of a baby for birth defects caused by improper toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

Parents should consider the following factors when choosing an attorney to represent their interests in a lawsuit filed for birth defects or injuries:

Medical Malpractice

Birth defects can trigger many physical or mental problems. Some birth defects can be fatal. Some of these problems may be genetic while others are triggered through exposure to the environment or prescription medications used during pregnancy.

A medical professional or doctor could be accused of misconduct if they cause a birth defect through their actions or inaction. These cases typically involve medical negligence during the birth or labor process. However, they can also include any act or inability to act that is in violation of the medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One example of this type of situation involves a drug called teratogens. This medication can cause serious birth defects. 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 drug, she should make an insurance claim.

It is vital to choose an attorney who has previous experience in these cases. You should seek out an attorney with years of experience in this field and is based on contingency, meaning that you won't be charged nothing until you win. Look for an attorney who has excellent communication and negotiation skills. This will help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require expensive medical treatment and accommodations for the child. The majority of these problems are inherited, but a few of them are caused by environmental or chemical exposure, or medications that the mother consumed during pregnancy.

Drug makers are required to adequately test their products and warn consumers of any potential risks. Unfortunately, some pharmaceutical companies fail to keep up with research or anticipate possible side consequences. Additionally, doctors can prescribe dangerous medications to their patients and women may not have adequate information about the risks of taking certain medications during pregnancy. These medications are referred to as teratogens and can cause birth defects in the fetus, such as spina Bifida.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury, which pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and substances that can affect their reproductive health and lead to birth defects.

When filing a lawsuit against the parties accountable for your child's condition It is crucial to gather the most evidence you can. This includes blood tests, ultrasound images, and medical bills that came up because of the birth defect. This helps the attorney establish the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, and stressful experiences in the life of a woman. However, it's also a time when medical professionals can make mistakes that can cause birth defects. An experienced attorney can help parents make a claim against those who are responsible for their child's disabilities and receive the proper compensation they're entitled to.

Although the causes of birth defects are typically unknown to medical professionals but a large proportion of birth defects can be attributed to environmental or chemical exposure. This may include contact by parents with toxic chemicals at the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing, as well as agricultural chemicals used for pesticides as well as spraying of crops.

The manufacturers and the people who prescribe medication must also warn the public about the risks. Yet, a substantial portion of these drugs are marketed off-label to women who are pregnant age without proper warnings about the possibility of birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases that involve the occurrence of birth defects due to exposure of parents to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.