Birth Defect Litigation

Some injuries are beyond the parents or their control. Families could be faced with a large bill when injuries require expensive procedures and specialized care.

A New York birth defect attorney can assist parents who are shocked to file a claim to get compensation for future expenses. The law has strict time limits on when claims can be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries do occur. Families should consider their legal options if they can be prevented.

Many birth defect suits are founded on claims of medical malpractice. These cases may involve mistakes made by doctors or nurses at any point in the labor and birth procedures. In addition medical professionals may be guilty of medical malpractice after a child's birth by failing to provide proper treatment.

In general the statute of limitations for these cases is 2.5 years from the date of the medical malpractice. For infants, this time can be extended. However, it is important to seek legal counsel immediately to ensure that all evidence is obtained and that a timely claim be filed.

A lawsuit can be filed on behalf of a child for birth defects caused by toxic and chemical exposures during the pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

Parents should consider the following characteristics when choosing an attorney to represent them in a lawsuit for birth defect or injury:

Medical Malpractice

Birth defects can result in an array of mental or physical ailments. Some of them could be fatal. Certain of these problems could be caused by genetics while others are caused by exposure to environmental factors or prescription medications used during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defect law firm defects due to their actions or inaction. These cases usually are based on medical negligence during labor or delivery. They can also include any do something that is below the standard of medical care, like, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of case involves a medication called teratogens. This medication can cause serious birth defects. In the course of pregnancy, doctors generally recommend women not to take this medication, which is commonly used in the treatment of seizures. If an individual is exposed to the drug it is recommended that she file an action.

It is important to select an attorney who has experience in handling these kinds of cases. Look for a law firm that is specialized in this area, and works on an hourly basis, which means there is no cost unless you succeed. Also, search for an attorney who has strong communication and negotiation skills. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities, which require costly medical care and accommodations for the child. Often, these conditions are genetically inherited, but some can be caused by chemical or environmental exposure, or by medications the mother was taking during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and inform the public about any risks that could be present. Unfortunately some pharmaceutical companies do not keep up with research or foresee potential side consequences. Some doctors prescribe dangerous drugs to their patients and some women aren't aware of the risks of taking certain drugs while pregnant. These medications, also known as teratogens, may cause birth defects, including spina-bifida, in the fetus.

Other substances that could cause birth defects include chemicals used in agriculture and manufacturing as well as heavy metals like mercury that are contaminating air or groundwater. Diane Paolicelli's legal profession has been focused on fighting powerful corporations who expose women to harmful substances and chemicals that can damage their reproductive health or cause birth defects.

It is important to collect as many evidences as you can before making a claim against the responsible parties. This includes ultrasound images, blood tests, and medical bills that arise because of the birth defect. This information assists attorneys determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting, and stressful experiences in a woman's lifetime. It's also a time when medical professionals can make mistakes that can lead to birth defects. A top attorney can assist parents in submitting an appeal and gaining the compensation they deserve against those responsible for the disability of their child.

Although the causes of birth defects are generally not understood by medical professionals, a significant number can be linked with exposure to chemicals or the environment. This can include exposure by parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for crop spraying and pesticides.

Manufacturers and those who prescribe medicines must also warn the public about their risks. A large number of these drugs are marketed to women who are pregnant, without warnings about the risk of birth defect. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects result from parental exposure to toxic chemical such as those that are employed in the manufacture of semiconductors or in agriculture. He is a graduate of the American University in Washington, D.C., and Suffolk University Law School.