Birth Defect Litigation

Certain injuries are beyond the parents or their control. Families can be left with a huge bill when injuries require expensive procedures and special attention.

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

Statute of Limitations

Modern medical technology and advancements in medical science have aided in reducing the risks associated with childbirth, pregnancy and Birth defects birth. However, birth defects and injuries do occur. When they are preventable, families should consider their legal options.

Many birth defect lawsuits are based on claims of medical malpractice. These cases may involve mistakes made by doctors or nurses at any point in the birth, labor and delivery processes. Medical professionals may also be negligent following the birth of a baby by failing to provide the correct treatment.

Generally speaking, the time limit for these cases is generally 2.5 years from the date of the occurrence of medical negligence. The time frame is extended for infants. It is important to consult a lawyer immediately to ensure that all evidence is collected and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of a baby for birth defects caused by wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases on behalf of the family.

Parents should be aware of the following qualities when selecting an attorney to represent them in a lawsuit for birth defects or injuries:

Medical Malpractice

Birth defects can result in a wide range of physical or mental problems. Some birth defects can be fatal. Some of these issues are genetic, but others are caused by exposure to the environment or the use of prescription drugs during pregnancy.

A medical professional or doctor could be convicted of malpractice when they cause birth defects through their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they could also include any act or inability to act in excess of the medical standard of care, like failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One such type of situation involves a drug called teratogens, which can cause serious birth defects. When pregnant, doctors usually advise women to avoid taking this medication, which is utilized in the treatment of seizures. If an individual is exposed to the drug, it is recommended that she make an action.

It is crucial to select an attorney with experience in these types of cases. You should look for an attorney with experience in this field and is on contingency, which means you won't have to pay any fees until you win. Look for an attorney who has an excellent ability to communicate and negotiate. This will ensure that you submit your claim before the statute of limitation expires.

Prescription Drugs

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

Drug manufacturers have an obligation to ensure that their products are tested properly and warn consumers about any potential risks. Sadly, some pharmaceutical companies fail to keep up with the latest research or anticipate the potential adverse effects. Some doctors recommend dangerous drugs to their patients. Moreover, some women are not informed about the dangers associated with taking certain medications during pregnancy. These drugs are referred to as teratogens, and they can cause birth defects in the fetus including spina bifida.

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

It is essential to gather as much evidence as you can before filing a suit against the responsible parties. This includes ultrasound scans, blood tests and medical bills that arise due to the birth defect. This information will help the attorney assess the worth of the case.

Product Liability

Pregnancy can be one of the most exciting and stressful experiences in women's lives. But it's also a time where many medical professionals make mistakes that can cause birth defects. A top lawyer can help parents file a claim against those responsible for their child's condition and receive the proper compensation they're entitled to.

Although the causes of birth defects are generally unknown to medical professionals but a large proportion of birth defects can be attributed to exposure to chemicals or environmental causes. This could be due to contact by parents with toxic chemicals at the workplace, such as solvents and glycol ethers used in semiconductor manufacturing, as well as chemical pesticides used in agriculture and spraying of crops.

Additionally, the manufacturers and the people who prescribe prescription medications have a responsibility to inform people about the risks. However, a significant portion of these drugs are sold off-label to women of childbearing age without warnings regarding the possibility of birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases that involve the occurrence of birth defects due to exposure of parents to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.