Birth Defect Litigation

Some injuries are out of the parents of their control. If these injuries require special care and costly procedures, it could result in huge costs for families.

A New York birth defect attorney can help parents who are grieving and file claims to obtain compensation for future expenses. However, the law puts strict deadlines for when a claim must be filed.

Statute of Limitations

Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. Birth defects and injuries do still occur. If they're preventable families must consider their legal options.

Many birth defect lawsuits are stemming from allegations of medical malpractice that occurred. These cases can involve errors made by doctors or nurses at any point in the labor and birth processes. In addition medical professionals can be guilty of medical malpractice following a child's birth in the event that they fail to provide the proper treatment.

In general, the statutes of limitation for these cases are 2.5 years after the date of the medical malpractice. The time limit may be extended for infants. It is important to consult a lawyer early enough to ensure that all evidence is collected and that a timely complaint can be filed.

In addition to medical malpractice, a suit could also be filed on behalf of a baby for birth defects resulting from improper toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defects lawyers can investigate these claims and pursue them on behalf of the family.

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

Medical Malpractice

Birth defects can cause a variety of mental and physical ailments. Certain birth defects can cause death. Certain of these problems could be caused by genetics while others are triggered through exposure to the environment or prescription medications taken during pregnancy.

A doctor attorneys or medical professional may be accused of malpractice when they cause birth defects by their actions or inaction. The majority of these cases are based on medical negligence in delivery or labor. They may also involve any be in compliance with a standard of medical care, for example failing to recognize an illness or prescribing incorrect medication during pregnancy.

One example involves Teratogens. These drugs can cause birth defects that are serious. During pregnancy, doctors usually advise women to stay clear of this medication, which is utilized to treat seizures. If an individual is exposed to the drug she must make an insurance claim.

It is crucial to choose an attorney with previous experience in these cases. You should look for an attorney with extensive experience in this field. It also is on contingency, which means you won't be charged anything until you are successful. Also, search for an attorney with excellent negotiation and communication abilities. This will help to ensure that you make your claim in time before the time limit expires.

Prescription Drugs

A variety of birth defects cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. These issues 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 test their products correctly and inform the public of any potential dangers. Unfortunately, some pharmaceutical companies don't keep up to date with the latest research or fail to anticipate potential adverse effects. In addition, doctors can prescribe dangerous drugs to patients and women may not receive adequate information on the dangers of taking certain medications during pregnancy. These drugs, known as teratogens, can cause birth defects, such as spina-bifida in the fetus.

Other substances that can cause birth defects include chemicals that are used in manufacturing and attorneys agriculture, as well as heavy metals, like mercury that are contaminating air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and substances that could affect their reproductive health and lead to 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 blood tests, ultrasound images, and medical bills incurred due to the birth defect. This information will help attorneys determine the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful events in a woman's lifetime. It's also the time that many medical professionals can make mistakes that cause birth defects. An experienced attorney can help parents file a claim against those who are responsible for their child's disabilities and obtain the compensation they deserve.

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

The manufacturers and the people who prescribe medicines also have a duty to warn the public about their risks. A large number of these drugs are offered to pregnant women without warnings of the possibility of birth defect. 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 chemical and pharmaceutical companies. His practice is centered around cases involving the occurrence of birth defects caused by parental exposure to toxic chemicals such as those used in semiconductor manufacturing as well as agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.