Birth Defect Litigation

Parents want perfect children however, there are some injuries that occur out of their control. If injuries that result from these accidents require special treatment and costly procedures, it could leave families with huge expenses.

A New York birth defect attorney can help parents who are grieving and file an appeal to be compensated for future expenses. The law has strict deadlines on when a claim may be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks associated with childbirth and pregnancy. However, birth defects and injuries still occur. When they are preventable, families need to explore their legal options.

Many birth defect suits are founded on allegations that medical malpractice occurred. These lawsuits can result from mistakes committed by nurses or doctors staff at any point during labor, birth and pregnancy. Medical professionals can also be negligent after the birth of a child by failing to provide the correct treatment.

In general the statute of limitations in these cases are 2.5 years from the date of the medical error. This time period is extended for infants. However, it is important to seek legal advice as soon as you can to ensure that all evidence is obtained and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of a baby for birth defect attorneys defects that result from wrongful exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

Parents should think about the following factors when choosing an attorney to represent them in a lawsuit involving birth injury or defect:

Medical Malpractice

Birth defects can cause various physical and mental problems. Some of them can be fatal. Some of these issues are caused by genetics, while others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional may be accused of malpractice when they cause birth defects by their actions or inaction. These cases typically involve medical negligence during the birth or labor process. They also encompass any act which falls below a standard of medical care, such as not diagnosing an illness or prescribing incorrect medication during pregnancy.

One such case involves the teratogens. These drugs can result in birth defects that are serious. During pregnancy, doctors typically advise women to stay clear of this medication, which is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must make an insurance claim.

It is crucial to choose an attorney with prior experience in these types of cases. Look for a law firm that is experienced in this area and works on an on a contingency basis, meaning you don't pay anything unless you succeed. Also, search for a lawyer with strong communication and negotiation skills. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

Drug manufacturers have an obligation to adequately test their products and inform consumers of any risks. Unfortunately certain pharmaceutical companies fail to keep up with research or anticipate the potential adverse effects. Certain doctors prescribe dangerous medications to their patients, and some women are not aware of the risks associated with taking certain drugs while pregnant. These drugs are referred to as teratogens, and they can cause birth defects within the fetus, including spina Bifida.

Other substances that could cause birth defects include chemicals used in manufacturing and agriculture and heavy metals like mercury that are contaminating groundwater or the air. Diane Paolicelli's legal career is focused on combating powerful corporations that expose women to toxic substances and chemicals that can harm their reproductive health or lead to birth defects.

It is crucial to gather as all evidence you can before making a claim against the party responsible. Included in this are ultrasound images, blood tests, and medical bills incurred due to. This information assists the attorney determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but nerve-wracking experiences in a woman's lifetime. It's also a time where medical professionals make mistakes that result in birth defects. An experienced attorney can help parents in submitting an action and obtaining the compensation they deserve from those responsible for the disability of their child.

Medical experts are not always able to determine the causes of birth defect attorneys defects, however the majority of them can be attributed to chemical or environmental exposure. This can include exposure by parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.

Additionally, the manufacturers and the people who prescribe prescription medications have a responsibility to inform people about the risks. However, a lot of these drugs are sold off-label for women of childbearing age without adequate warnings about the possibility of birth defects. This is particularly 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 birth defects caused by exposure of parents to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.