Birth Defect Litigation

Certain injuries are beyond the parents’ control. When injuries require specialized medical attention and expensive procedures, it could result in huge costs for families.

A New York birth defect attorney can help parents grieving and file a claim to get compensation for future expenses. However, the law puts strict time limitations on the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries can still occur. Families need to consider their legal options when they can be prevented.

Many birth defect attorney defect lawsuits are based on accusations of medical malpractice. These cases can involve mistakes committed by nurses or doctors personnel at any stage of the birth process, including labor and pregnancy. Additionally medical professionals may be guilty of medical malpractice following the birth of a child, when they fail to provide proper care.

In general, the statutes of limitation for these cases is 2.5 years after the date of the medical error. For infants, this time is sometimes extended. But, it is crucial to seek legal advice early enough to ensure that all evidence is collected and that a timely claim be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects resulting from improper toxic and chemical exposures that take place during the mother’s pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims 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 characteristics:

Medical Malpractice

Birth defects can lead to a variety of mental and physical ailments. Some birth defects may cause death. Some of these issues 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 could be accused of malpractice if they cause birth defects due to their actions or inaction. The most common cases involve medical negligence during the birth defect lawsuit or labor process. However, they may also include any act or inability to act that falls short of a medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One example of case involves a medication called teratogens. This medication can cause birth defects that are serious. During pregnancy, doctors usually advise women to avoid taking this medication, which is commonly used in the treatment of seizures. If a pregnant woman is exposed to this drug, she should file a claim.

It is essential to choose an attorney with experience in these types of cases. It is best to choose an attorney who has experience in this field and Birth Defect Attorney operates on contingency basis, which means you don’t have to pay nothing until you win. Additionally, you should choose an attorney who has strong communication and negotiation skills. This will help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

Drug makers are required to test their products thoroughly and inform consumers of any potential risks. Unfortunately certain pharmaceutical companies fail to keep up with research or anticipate potential side consequences. Furthermore, doctors may prescribe dangerous medications to their patients and some women do not have adequate information about the risks of taking certain medications during pregnancy. These medications are referred to as teratogens, and they can cause birth defects within the fetus, such as spina bifida.

Other substances that may cause birth defects include chemicals used in manufacturing and agriculture as well as heavy metals, like mercury, which are contaminating the groundwater and air. Diane Paolicelli’s legal career has been dedicated to fighting powerful corporations that expose women to toxic chemicals and substances that may cause harm to their reproductive health and cause birth defects.

It is crucial to collect as much evidence as you can prior to filing a lawsuit against the parties accountable. This includes any ultrasound scans, blood tests, and medical bills incurred as a result of the birth defect. This helps the attorney establish the financial worth of the case.

Product Liability

Pregnancy can be one of the most exciting, and anxiety-inducing experiences in the life of a woman. But it’s also a period when many medical professionals make mistakes that can lead to birth defects. An experienced attorney can help parents file a claim against those accountable for their child’s handicap and obtain the amount of compensation they deserve.

Although the causes of birth defects are generally unknown to medical professionals however, many of them can be attributed to exposure to chemicals or environmental causes. This can include parental exposure to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for spraying crops and pesticides.

The manufacturers and the people who prescribe medications must also inform people about the dangers. A large portion of these drugs are offered to pregnant women without warnings about the possibility of 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 where birth defects are caused by exposure to toxic chemicals in the home by parents like those used in semiconductor manufacturing or agricultural. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.