Birth Defect Litigation

Some injuries are beyond the parents or their control. Families could be faced with huge debts when these injuries require expensive procedures and special treatment.

A New York birth defect attorney can assist parents who are in shock file an appeal to be compensated for future expenses. However, the law imposes strict deadlines on when a claim should be filed.

Statute of limitations

Modern medical technology and advances have helped to reduce risks related to pregnancy, childbirth and birth. Birth defects and injuries do still occur. Families must consider their legal options when they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any time during pregnancy, labor and delivery procedures. Medical professionals can also be guilty of malpractice following the birth of a baby if they fail provide proper treatment.

In general, the statutes of limitations in these cases is 2.5 years after the date of the medical error. For infants this period can be extended. It is essential to speak with 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 may also be filed on behalf of an infant for birth defects that result from wrongful toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

When choosing an attorney for a birth defect or birth injury lawsuit, parents should look for the following qualities:

Medical Malpractice

Birth defects can cause an array of mental or physical issues. Certain birth defects can be fatal. Certain of these problems could be caused by genetics while others are triggered by exposure to the environment or prescription medications used during pregnancy.

A doctor or medical professional may be accused of negligence if they cause birth defects through their actions or inaction. These cases usually involve medical negligence during labor or delivery. They may also involve any act of failure to perform a task that is not within the 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 typically advise women to avoid taking this medication, which is used to treat seizures. If a woman is exposed to the drug, then she should submit a claim.

It is vital to select an attorney with expertise in these kinds of cases. Look for a law firm that specializes in this area and works on a contingency basis, so you don't have to pay any fees unless you succeed. Also, look for an attorney with excellent communication and negotiation abilities. This will ensure that you submit your claim before the statute of limitations expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. These conditions are often genetic, but they may also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and warn consumers about any risks. Unfortunately certain pharmaceutical companies fail to keep up with the latest research or anticipate possible side consequences. Certain doctors prescribe dangerous medications to their patients, and some women are not aware of the risks associated with taking certain medications during pregnancy. These drugs, referred to as teratogens, may cause birth defects, like spina-bifida, in the fetus.

Other substances that could cause birth defects include chemicals employed in the production and agricultural industries in addition to heavy metals such as mercury that are contaminating groundwater or air. Diane Paolicelli's career in law has been dedicated to fighting powerful corporations who expose women to harmful chemicals and substances that may damage their reproductive health or lead to birth defects.

It is crucial to collect as many evidences as you can prior to filing a lawsuit against the responsible parties. Included in this are ultrasound images, blood tests, and medical bills that are incurred as a result. This information helps the attorney assess the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but anxious experiences of women's lives. It's also a time when many medical professionals make mistakes that can cause birth defects. An experienced attorney can help parents in submitting an appeal and gaining the amount they deserve from those responsible for the disability of their child.

While the causes of birth defects are typically unknown to medical experts however, a significant proportion can be attributed to exposure to chemicals or environmental causes. This could include exposure of parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.

The manufacturers and the people who prescribe medicines also have a duty to inform the public about their risks. A significant portion of these drugs is marketed to women who are pregnant without warnings of the potential for 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. He focuses his practice on cases that involve the occurrence of birth defects that result from exposure of parents to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He graduated of the American University in Washington, D.C. as well as Suffolk University Law School.