Birth Defect Litigation

Some injuries are beyond the parents' control. Families may be left with huge bills when these injuries require costly procedures and special care.

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 when a claim should be filed.

Statute of limitations

Modern technology and medical advances have made it possible to reduce the risks that are associated with childbirth, pregnancy and birth. However birth defects and injuries can still occur. When they are preventable, families must explore their legal options.

Many birth defect lawsuits are stemming from allegations of medical malpractice that occurred. These cases can involve mistakes made by doctors or nursing staff at any point during pregnancy, labor and birth. Medical professionals may also be negligent following the birth of a child in the event that they fail to provide appropriate treatment.

Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the incident of medical negligence. The time limit may be extended for infants. It is important to consult a lawyer whenever you can to ensure that all the evidence is gathered, and that a timely complaint can be filed.

A lawsuit may be filed on behalf of a child in relation to birth defects caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can investigate the claims and then prosecute them on behalf of the family.

Parents should consider the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth defects or birth injuries:

Medical Malpractice

Birth defects can result in numerous mental or physical problems. Some of them may even be fatal. Certain of these problems could be caused by genetics while others are triggered by exposure to the environment or prescription drugs used during pregnancy.

A medical professional or doctor could be accused of malpractice if they cause a birth defect through their actions or inaction. The majority of these cases are due to medical negligence during labor or birth defect lawsuit delivery. They may also involve any act which falls below a standard of medical care, for example the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One such type of case is a medication known as teratogens, which could cause birth defects that are serious. In the course of pregnancy, doctors generally advise women to not take this medication, which is used in the treatment of seizures. If a woman is exposed to the drug then she must make an action.

It is important that you choose an attorney who has previous experience in these cases. You should choose a firm that has expertise in this area and works on contingency, so you don't have to pay any fees until you win. Also, you should look for an attorney who has strong communication and negotiation abilities. This will help to ensure that you submit your claim before the statute of limitation expires.

Prescription Drugs

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

Drug makers are required to test their products properly and warn the public of any risks that could be present. Sadly certain pharmaceutical companies do not keep up with research or foresee potential side consequences. In addition, doctors can prescribe dangerous drugs to patients and women may not have adequate information about the risks associated with taking certain medications during pregnancy. These medications are referred to as teratogens, and they can cause birth defects in the fetus including spina bifida.

Other substances that may cause birth defects include chemicals employed in the production and agricultural industries and heavy metals like mercury, which are contaminating the groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and substances that could harm their reproductive health town and country birth defect attorney lead to birth defects.

It is crucial to gather as the evidence you can prior to making a claim against the responsible parties. Included in this are any ultrasound images as well as blood tests and medical bills that are incurred as a result. This will help the attorney determine the monetary value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking experiences a woman can go through in her life. It's also a time where medical professionals make mistakes that result in birth defects. An experienced attorney can assist parents make a claim against those responsible for their child's condition and obtain the amount of compensation they deserve.

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

The pharmaceutical companies and those who prescribe medicines are also obliged to inform the public about their risks. A significant portion of these drugs are offered to women who are pregnant, without warnings about the risk of Birth defect lawsuit defects. This is especially true for 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 is centered around cases involving the occurrence of birth defects resulting from parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He is a graduate of the American University in Washington, D.C. and Suffolk University Law School.