Birth Defect Litigation

Some injuries are out of the parents in their control. Families may be left with huge bills when these injuries require expensive procedures and specialized care.

A New York birth defect attorney can help parents grieving and file a claim to get compensation for future expenses. The law has strict deadlines on when claims can be filed.

Statute of limitations

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

Many birth defect suits are founded on accusations of medical malpractice. These cases could involve mistakes made by nurses or doctors at any point during the pregnancy, labor and delivery procedures. Medical professionals can also commit malpractice after the birth of a child in the event that they fail to provide appropriate treatment.

Generally, the statute of limitations in these cases is generally 2.5 years from the date of the act of medical malpractice. For infants this can be extended. However, it is essential to seek legal counsel as soon as possible to ensure that all evidence is obtained and that a timely claim be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant for birth defects caused by wrongful toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can look into these claims and bring them to trial on behalf of the family.

Parents should take into consideration the following aspects when choosing an attorney to represent them in a lawsuit for birth defects or birth injuries:

Medical Malpractice

Birth defects can trigger many physical or mental problems. Some of them could be fatal. Some of these problems are inherited, while others are caused by environmental exposures or the use of prescription drugs during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defects as a result of their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they may also comprise any act or failure to act that is not in the range of the medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One of these cases involves the teratogens. These medications can cause birth defects that are serious. Doctors usually 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 drug, she should file an insurance claim.

It is vital to choose an attorney with prior experience in these types of cases. You should look for a firm with extensive experience in this field. It also is on contingency, which means you don't pay any fees until you win. Look for an attorney who has outstanding negotiation and communication skills. This can help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require expensive medical treatment and accommodations for the child. These problems are usually caused by genetics, but can also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.

Drug manufacturers are required to thoroughly test their products and warn consumers about any risks. Sadly certain pharmaceutical companies do not keep up with the latest research or anticipate possible side consequences. Some doctors prescribe dangerous drugs to their patients and some women aren't aware of the dangers associated with taking certain medications during pregnancy. These are known as teratogens and could cause birth defects in the fetus, including spina Bifida.

Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury, which contaminate air or groundwater. Diane Paolicelli's legal profession has been focused on combating powerful corporations that expose women to toxic chemicals and substances that may affect their reproductive health or lead to birth defects.

If you decide to file a lawsuit against the parties responsible for your child's condition It is crucial to gather the most evidence you can. This includes any ultrasound images, blood tests and medical bills that came up because of the birth defect. This helps the attorney establish the monetary value of the case.

Product Liability

Pregnancy can be one of the most exciting and nerve-wracking experiences in women's lives. It's also the time when medical professionals make mistakes that can lead to birth defects. An experienced attorney can help parents in filing a claim and obtaining the amount they deserve from the people responsible for the disabilities of their child.

Medical experts aren't always able determine the specific cause of birth defects, but the majority of them can be caused by environmental or chemical exposure. This can include parental exposure to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in spraying for birth defect attorney crops and pesticides.

Manufacturers and those who prescribe medications must also warn people about the dangers. However, a significant portion of these medications are sold off-label to women who are pregnant age without adequate warnings about the possibility of birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects are caused by parental exposure to toxic chemical, such as those employed in the manufacture of semiconductors or in agriculture. He graduated of the American University in Washington, D.C. as well as Suffolk University Law School.