Birth Defect Litigation

Parents want perfect babies However, some accidents happen beyond their control. Families are left with a large bill when injuries require expensive procedures and special care.

A New York birth defect lawyer can help stunned parents file an action and receive compensation to cover future costs. However, the law imposes strict deadlines for when a claim needs to be filed.

Statute of limitations

Modern technology and medical advances have made it possible to reduce the risks related to pregnancy, childbirth and birth. However birth defects and injuries do occur. If they're preventable families need to explore their legal options.

Many Birth Defect Lawsuit defect lawsuits are based on allegations of medical malpractice. These cases may involve mistakes made by nurses or doctors at any time during the pregnancy, labor and delivery processes. Medical professionals can also be negligent following the birth of a child when they fail to provide the proper 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 essential to seek legal advice early enough to ensure that all evidence has been collected and that a timely claim be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defects lawyers can look into these claims and pursue them on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit parents should look for the following qualities:

Medical Malpractice

Birth defects can lead to a variety of mental and physical issues. Some of them may even be fatal. Some of these problems are inherited, whereas others are caused by exposure to environmental factors or the use of prescription drugs during pregnancy.

A medical professional or doctor may be accused of negligence in the event of causing birth defects through their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they can include any act or failure to act in excess of the medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One such type of situation involves a drug called teratogens. This medication can cause birth defects that are serious. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should submit a claim.

It is essential to choose an attorney who has experience in these types of cases. Find a law firm that is specialized in this area and operates on the basis of a contingent fee, which means you don't pay anything unless you succeed. Look for an attorney who has outstanding negotiation and communication skills. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require costly medical treatment and accommodations for the child. Most of the time, these issues are inherited, but a few of them can be caused by chemical or environmental exposure, or medications that the mother was taking during pregnancy.

Drug makers are required to test their products thoroughly and warn consumers of any risks. Unfortunately some pharmaceutical companies do not keep up to date with the latest research or fail to anticipate potential adverse consequences. Some doctors recommend dangerous drugs to their patients. Some women are not aware of the dangers associated with using certain drugs during pregnancy. These drugs, referred to as teratogens, can cause birth defects, including spina-bifida, in the fetus.

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

It is important to collect as all evidence you can before filing a suit against the parties accountable. This includes any ultrasound scans, blood tests, and medical bills that arose due to the birth defect lawsuit defect. This allows the attorney to determine the financial worth of the case.

Product Liability

Pregnancy is among the most exciting, yet anxious experiences of a woman's lifetime. It's also the time when medical professionals make mistakes that cause birth defects. A top attorney can help parents to file a claim against the medical professionals responsible for their child's disability and acquire the compensation they deserve.

While the causes of birth defects are typically unknown to medical experts but a large proportion of birth defects can be attributed to environmental or chemical exposure. This can include parental exposure to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.

The manufacturers and the people who prescribe medications are also required to inform people about the dangers. Yet, a large percentage of these medications are sold off-label for women of childbearing age without proper warnings about the possibility of birth defects. This is especially the case with 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. He focuses his practice on cases involving the occurrence of birth defects due to parental exposure to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.