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Birth Defect Litigation

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

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

Statute of Limitations

Modern technology and medical advancements have aided in reducing the risks associated with childbirth, pregnancy and birth. Birth defects and injuries do still occur. Families must consider their legal options when they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve mistakes committed by nurses or doctors staff at any stage of labor, birth and pregnancy. Additionally, medical professionals can commit medical malpractice following the birth of a baby if they fail to provide proper treatment.

In general, the statutes of limitations for these cases are 2.5 years from the date of the medical error. For infants this is sometimes extended. It is essential to speak with an attorney early enough to ensure that all the evidence is gathered, and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant for birth defects that result from wrongful toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defects lawyers can investigate these claims and prosecute them on behalf of the family.

When selecting an attorney for a birth injury or defect lawsuit parents should be looking for the following characteristics:

Medical Malpractice

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

A medical professional or doctor could be convicted of malpractice in the event of causing birth defects by their actions or inaction. These cases are usually based on medical negligence in labor or delivery. However, they can comprise any act or failure to act in excess of a medical standard of care, like failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One example of this type of situation is a drug called teratogens. It can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must file a claim.

It is vital to select an attorney who has previous experience in these cases. You should look for an attorney who has experience in this field and is based on contingency, meaning that you won't have to pay any fees until you win. Choose an attorney with excellent communication and negotiation skills. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities, that require expensive medical treatment and accommodations for the child. These disorders are usually caused by genetics, but can also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.

Drug makers are required to test their products correctly and inform the public about any potential dangers. Unfortunately some pharmaceutical companies do not keep up with research or anticipate potential side consequences. Certain doctors prescribe dangerous medications to their patients and some women are not aware of the risks of using certain drugs during pregnancy. These drugs, also known as teratogens, may cause birth defects such as spina-bifida that can occur in the fetus.

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

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

Product Liability

Pregnancy is among the most exciting and nerve-wracking events in a woman's lifetime. But it's also a period where medical professionals often make mistakes that can lead to birth defects. An experienced attorney can assist parents bring a lawsuit against those responsible for their child's condition and obtain the compensation they deserve.

Medical experts aren't always able of determining the causes of birth defects, however most of them can be due to environmental or chemical exposure. This could include exposure of parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

Furthermore, manufacturers and those who prescribe prescription medications have a responsibility to warn consumers of the dangers. A majority of these medications are sold to women who are pregnant, without warnings of the potential for birth defects. This is especially applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. His practice is centered around cases involving the occurrence birth defects due to parental exposure to toxic chemicals such as those in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.