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Birth Defect Litigation

Some injuries are beyond the parents of their control. Families can be left with huge bills when these injuries require expensive procedures and specialized care.

A New York birth defect lawyer can assist parents who are stunned to file a claim and get compensation to cover the cost of future expenses. However, the law puts strict deadlines when a claim needs to be filed.

Statute of Limitations

Modern medical technology and advances have made it possible to reduce the risks associated with childbirth, pregnancy and birth. However, birth defects and injuries do occur. Families need to explore their legal options if they are preventable.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any time during labor and delivery procedures. Medical professionals may also be negligent following the birth of a baby when they fail to provide the proper treatment.

In general the statute of limitations in these cases is 2.5 years from the date of the medical mistake. For infants, the time can be extended. It is important to consult a lawyer early enough to ensure that all the evidence is collected, and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

When choosing an attorney for a birth injury or defect lawsuit, parents should look for the following qualities:

Medical Malpractice

Birth defects can result in many mental or physical ailments. Some of them may even be fatal. Some of these problems may be caused by genetics while others are caused by environmental exposures or prescription medications taken during pregnancy.

A doctor or medical professional could be convicted of malpractice if they cause birth defects through their actions or inaction. These cases typically are due to medical negligence during labor or delivery. However, they can also include any act or failure to act that falls short of the medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One example of this type of case involves a medication called teratogens. It can cause serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug, it is recommended that she file a claim.

It is essential to select an attorney with experience handling these kinds of cases. Look for a law firm that is specialized in this area and works on a contingency basis, so there is no cost unless you win. Also, search for a lawyer with strong communication and negotiation skills. This can help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to test their products thoroughly and warn consumers about any potential risks. Sadly some pharmaceutical companies do not keep up with research or anticipate possible side consequences. Certain doctors prescribe dangerous medications to their patients. Some women are not aware of the risks of taking certain drugs while pregnant. These drugs, known as teratogens, can cause birth defects, like spina-bifida that can occur in the fetus.

Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury, which pollute groundwater and air. Diane Paolicelli's career in law has been dedicated to combating powerful corporations that expose women to toxic chemicals and substances that could harm their reproductive health or cause birth defects.

When filing a lawsuit against the parties responsible for your child's condition It is crucial to gather as much evidence as possible. This includes ultrasound scans, blood tests and medical bills that arose due to the birth defect. This information will help the attorney to determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but stressful experiences in women's lives. But it's also a period where many medical professionals make mistakes that could cause birth defects. A top lawyer can help parents bring a lawsuit against those accountable for their child's handicap and receive the compensation they deserve.

Medical professionals aren't always able of determining the causes of birth defects, but most of them can be due to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals at the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing, as well as agricultural chemicals for pesticides and crop spraying.

The manufacturers and the people who prescribe medicines also have a duty to warn people about the dangers. Yet, a substantial portion of these medications are sold off-label for women of childbearing age without proper warnings about the risk of birth defects. This is especially relevant for antidepressants like 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 that result from 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.