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Birth Defect Litigation

Some injuries are beyond the parents or their control. If these injuries require special medical attention and expensive procedures, it could leave families with huge expenses.

A New York birth defect lawyer can help stunned parents file claims and receive compensation to cover future expenses. However, the law imposes strict time limitations on when a claim must be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks that come with childbirth and pregnancy. However birth defects and injuries continue to occur. Families need to consider their legal options if they are preventable.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases can involve errors made by doctors or nurses at any time during labor and delivery procedures. Medical professionals can also be negligent after the birth of a baby by failing to provide the correct treatment.

Generally, the time limit for these cases is generally 2.5 years from when the act was committed of medical malpractice. This time period may be extended for infants. But, it is crucial to seek legal advice immediately 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 an infant for birth defects caused by improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

Parents should take into consideration the following qualities when selecting an attorney to represent them in a lawsuit involving birth defects or birth injuries:

Medical Malpractice

Birth defects can lead to many mental or physical ailments. Some birth defects can cause death. Some of these problems are inherited, whereas others are caused by exposure to environmental factors or the usage of prescription drugs during pregnancy.

A medical professional or doctor could be convicted of malpractice if they cause birth defects through their actions or inaction. These cases typically are due to medical negligence during delivery or labor. However, they can also be a result of any action or failure to act that is not in the range of the medical standard of care, like failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One example of situation involves a drug called teratogens. This medication can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must file a claim.

It is essential to choose an attorney who has expertise in these kinds of cases. You should look for a firm that has extensive experience in this field. It also works on contingency, so you don't have to pay nothing until you win. Also, look for a lawyer who has excellent communication and negotiation skills. This will ensure that you submit your claim before the time for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require costly medical care and accommodations for the child. Often, these conditions are genetic, but some of them are caused by environmental or chemical exposure or medication that the mother was taking during pregnancy.

Drug manufacturers have an obligation to adequately test their products and inform consumers of any potential risks. Unfortunately certain pharmaceutical companies don't keep up with the latest research or fail to anticipate possible adverse effects. Furthermore, doctors may prescribe dangerous medicines to their patients and some women do not receive adequate information on the risks of taking certain medications during pregnancy. These drugs 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 the chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury, which affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and other substances that affect their reproductive health and lead to birth defects.

It is crucial to gather as all evidence you can before filing a lawsuit against the responsible parties. Included in this are any ultrasound images or blood tests, as well as medical bills that are incurred due to. This information assists the attorney assess the worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful times in a woman's life. But it's also a time when medical professionals can make mistakes that could cause birth defects. An experienced attorney can help parents in filing an action and obtaining the money they deserve from those responsible for the handicap of their child.

While the causes of birth defects are generally not understood by medical professionals but a large proportion of birth defects can be linked to environmental or chemical exposure. This can be due to exposure by parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

In addition, the manufacturer and the people who prescribe prescription medications have a responsibility to warn people about the risks. However, a significant portion of these medications are sold off-label for women of childbearing age without proper warnings about the potential for birth defects. This is especially true for antidepressants like Prozac and Zoloft.

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