Birth Defect Litigation

Parents want perfect babies, but some injuries happen beyond their control. Families may be left with huge bills when these injuries require costly procedures and special treatment.

A New York birth defect attorney can assist parents in shock file claims to obtain compensation for future expenses. However, the law places strict deadlines when a claim needs to be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks of childbirth and pregnancy. Birth defects and injuries still occur. If they’re preventable, families must explore their legal options.

Many birth defect suits are stemming from claims of medical malpractice. These cases could involve mistakes made by nurses or doctors personnel at any stage of labor, birth and pregnancy. Medical professionals may also commit malpractice after the birth of a child if they fail provide proper treatment.

Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the incident of medical malpractice. For birth defect attorney infants this is sometimes extended. It is nevertheless important to seek legal counsel early enough to ensure that all evidence has been collected and that a timely claim can be filed.

In addition to medical malpractice, a suit could also be filed on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that occur during the mother’s pregnancy. Lawyers specially trained in birth defects are able to investigate these claims and prosecute them on behalf of the family.

When choosing an attorney to represent them in a birth defect or birth injury lawsuit parents should look for the following qualities:

Medical Malpractice

Birth defects can cause various mental and physical ailments. Some birth defects can cause death. Some of these problems are caused by genetics, while others are due to environmental exposures or the use of prescribed drugs during pregnancy.

A doctor or medical professional could be accused of malpractice if they cause birth defects by their actions or inaction. The most common cases involve medical negligence during the birth or labor process. However, they could also be a result of any action or failure to act that is in violation of a medical standard of care, like failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One instance of situation involves a drug called teratogens. This medication can cause birth defects that are serious. In the course of pregnancy, doctors generally advise women to stay clear of this medication, which is utilized in the treatment of seizures. If a woman who is pregnant is exposed to this drug, she should file a claim.

It is important that you select an attorney with previous experience in these cases. It is best to choose an attorney who has expertise in this area and operates on contingency basis, which means you won’t have to pay nothing 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 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.

Drug makers are required to adequately test their products and warn consumers of any potential risks. Unfortunately some pharmaceutical companies fail to keep up to date with the latest research or fail to anticipate possible adverse effects. Certain doctors prescribe dangerous medications to their patients, and some women are not informed about the risks associated with using certain drugs during pregnancy. These are known as teratogens and can cause birth defects within the fetus including spina Bifida.

Other substances that could cause birth defects are chemicals used in agriculture and manufacturing in addition to heavy metals, like mercury, which are contaminating the groundwater or air. Diane Paolicelli’s legal career has been focused on combating powerful corporations that expose women to harmful chemicals and substances that could damage their reproductive health or lead to birth defects.

When filing lawsuits against the parties who are responsible for your child’s illness, it is important to gather as much evidence as possible. Included in this are ultrasound images or blood tests, as well as medical bills incurred due to. This information assists the attorney to determine the value of the case.

Product Liability

Pregnancy is among the most exciting and anxiety-inducing experiences in a woman’s lifetime. It’s also the time that many medical professionals can make mistakes that can lead to birth defects. A top attorney can help parents to file a claim against the medical professionals responsible for their child’s condition and acquire the proper compensation they’re entitled to.

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

The pharmaceutical companies and those who prescribe medication also have a duty to warn people about the dangers. A large portion of these medications are sold to women who are pregnant, without warnings about the risk of birth defects. This is particularly applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases involving the development of birth defects resulting from exposure of parents to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.