Birth Defect Litigation

Certain injuries are beyond the parents in their control. If injuries that result from these accidents require special treatment and costly procedures, it could cause families to incur huge costs.

A New York birth defect attorney can assist parents who are shocked to file a claim to get compensation for future expenses. However, the law places strict deadlines for the time a claim has to be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks that come with childbirth and pregnancy. Birth defects and injuries persist. Families need to consider their legal options if they are preventable.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing personnel at any stage of labor, pregnancy and birth. Medical professionals may also be negligent after the birth of a baby if they fail provide proper treatment.

In general the statute of limitations for birth defect attorney these cases are 2.5 years after the date of the medical malpractice. This time period may be extended for infants. However, it is essential to seek legal advice early enough to ensure that all evidence is collected and that a timely claim be filed.

A lawsuit can be filed on behalf of a child in relation to birth defects that are caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can examine the claims and then 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 many mental or physical problems. Some of them can be fatal. Some of these issues could be caused by genetics, while others are caused by exposure to environmental factors or prescription drugs taken during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects by their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they could also include any act or inability to act in excess of the medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One of these cases involves Teratogens. These drugs can result in serious birth defects. During pregnancy, doctors typically recommend women not to take this medication, which is commonly used in the treatment of seizures. If a woman is exposed to the drug, then she should submit a claim.

It is important that you select an attorney with prior experience in these types of cases. Choose a law firm that has a specialization in this area and works on an on a contingency basis, meaning you don’t have to pay any fees unless you win. Find an attorney who has great negotiation and communication skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

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

Drug makers are required to adequately test their products and warn consumers about any potential risks. Sadly many pharmaceutical companies fail to keep up with research or anticipate the potential adverse effects. Certain doctors prescribe dangerous drugs to their patients, and some women are not aware of the risks of taking certain medications while pregnant. These drugs, known as teratogens, may cause birth defects, including spina-bifida in the fetus.

Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury which can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and other substances that harm their reproductive health and lead to birth defects.

It is crucial to collect as the evidence you can prior to making a claim against the party responsible. This includes blood tests, ultrasound images and medical bills incurred as a result of the birth defect. This will help the attorney determine the value of the case.

Product Liability

Pregnancy is among the most exciting, but nerve-wracking experiences in women’s lives. It’s also the time that medical professionals can make mistakes that can lead to birth defects. An experienced attorney can assist parents file a claim against those accountable for their child’s handicap and get the proper compensation they’re entitled to.

Although the causes of birth defects are usually not understood by medical professionals however, a significant proportion can be attributed to exposure to chemicals or environmental factors. This can be due to exposure by parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.

The pharmaceutical companies and those who prescribe medicines are also required to warn the public about the risks. Yet, birth defect attorney a substantial portion of these drugs are offered off-label to women of childbearing age without adequate warnings about the risk of birth defects. This is particularly applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects are caused by exposure of parents to toxic chemicals such as those that are used in semiconductor manufacturing or agricultural. He graduated from American University in Washington, D.C. and Suffolk University Law School.