Birth Defect Litigation

Some injuries are out of the parents or their control. Families are left with huge bills when these injuries require expensive procedures and special care.

A New York birth defect lawyer can assist parents who are shocked to file claims and receive compensation to cover the cost of future expenses. However, the law places strict time limitations on when a claim must be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce risks that are associated with childbirth, pregnancy and birth. However birth defects and injuries still occur. Families should consider their legal options if they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors staff at any stage of the birth process, including labor and pregnancy. Medical professionals can also be guilty of malpractice following the birth of a child when they fail to provide the proper treatment.

In general the statute of limitations for these cases is 2.5 years after the date of the medical negligence. For infants, the time period can be extended. It is important to consult a lawyer early enough to ensure that all evidence is gathered and that a timely complaint 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. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

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

Medical Malpractice

Birth defects can trigger an array of mental or physical ailments. Some birth defects can be fatal. Some of these problems are caused by genetics, while others are due to exposure to the environment or the use of prescription drugs during pregnancy.

A doctor or medical professional may be accused of negligence if they cause a birth defect through their actions or inaction. These cases are usually caused by medical negligence during labor or delivery. However, they may also be a result of any action or failure to act that is in violation of a medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One example of situation is a drug known as teratogens, which could cause serious birth defects. When pregnant, doctors usually recommend women not to take this medication, which is commonly used to treat seizures. If a woman who is pregnant is exposed to this medication, she must file an insurance claim.

It is vital to select an attorney who has prior experience in these types of cases. Choose 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 get the case won. Also, you should look for a lawyer who has excellent communication and negotiation skills. This will help ensure that you submit your claim before the time limit expires.

Prescription Drugs

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

Drug manufacturers are required to thoroughly test their products and warn consumers about any risks. Unfortunately certain pharmaceutical companies fail to keep up with research or anticipate possible side consequences. Certain doctors prescribe dangerous medications to their patients. Some women are not aware of the dangers associated with taking certain medications during pregnancy. These medications 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 agricultural and manufacturing industries, as well as heavy metals like mercury which can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and substances that affect their reproductive health and lead to birth defects.

If you decide to file 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 that came up because of the birth defect. This information can help the attorney determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but anxious experiences of a woman's lifetime. But it's also a period when many medical professionals make mistakes that could lead to birth defects. A top attorney can assist parents in submitting an appeal and gaining the money they deserve from those responsible for the handicap of their child.

Although the causes of birth defects are usually unknown to medical experts but a large proportion of birth defects can be linked with exposure to chemicals or the environment. This could be due to contact by parents with toxic chemicals at the workplace, for example glycol ethers and solvents used in semiconductor manufacturing and agricultural chemicals used for pesticides and spraying on crops.

Manufacturers and those who prescribe medication must also warn people about the dangers. Yet, a large percentage of these medications are sold off-label to women who are pregnant age without warnings regarding the risk of birth defect law firm defects. This is especially true 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 in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.