Birth Defect Litigation
Parents want perfect babies However, some injuries occur out of their control. When these injuries require special care and costly procedures, it can cause families to incur huge costs.
A New York
birth defect attorney can help parents who are in shock file an action to receive compensation for future expenses. However, the law has strict deadlines on when a claim should be filed.
Statute of limitations
Modern technology and medical advancements have helped to reduce risks associated with pregnancy, childbirth and birth. However birth defects and injuries continue to occur. When they are preventable, families must explore their legal options.
Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors at any time during the birth, labor and delivery processes. Additionally medical professionals can be guilty of medical malpractice following the birth of a baby by failing to provide the proper treatment.
In general the statute of limitation for these cases is 2.5 years from the date of the medical malpractice. For infants, this period may be extended. It is nevertheless 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.
A lawsuit can be filed on behalf of a child in relation to birth defects caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.
When selecting an attorney for a birth defect or birth injury lawsuit parents should look for the following characteristics:
Medical Malpractice
Birth defects can cause numerous mental or physical problems. Certain
birth defects can cause death. Some of these issues may be caused by genetics while others are caused through exposure to the environment or prescription drugs used during pregnancy.
A doctor or medical professional could be accused of malpractice in the event of causing birth defects through their actions or inaction. These cases typically are based on medical negligence in labor or delivery. They may also involve any other be in compliance with a standard of medical care, for example, failing to diagnose an illness or prescribing the wrong medication during pregnancy.
One of these cases involves Teratogens. These drugs can result in serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug then she must submit a claim.
It is crucial to select an attorney who has prior experience in these types of cases. Choose a law firm that is experienced in this area and operates on a contingency basis, so you won't have to pay a dime unless you are successful. Look for an attorney who has an excellent ability to communicate and negotiate. This can help ensure that your claim is filed before the time limit expires.
Prescription Drugs
Many birth defects result in physical or mental disabilities that require expensive medical treatment and accommodations for the child. Often, these conditions are inherited, but a few of them are caused by chemical or environmental exposure, or by medications the mother was taking during pregnancy.
Pharmaceutical companies are required to ensure that their products are tested properly and inform the public about the potential dangers. Unfortunately certain pharmaceutical companies do not keep up-to-date with current research or fail to anticipate possible side effects. Furthermore, doctors may prescribe dangerous medications to their patients and some women do not get proper information about the risks associated with taking certain medications during pregnancy. These drugs, also known as teratogens may cause birth defects, including spina-bifida, in the fetus.
Other substances that may cause birth defects are chemicals used in manufacturing and agriculture, as well as heavy metals, like mercury that are contaminating groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and other substances that affect their reproductive health and lead to birth defects.
It is essential to gather as the evidence you can before making a claim against the parties accountable. This includes any ultrasound scans, blood tests and medical bills that arose as a result of the birth defect. This will help the attorney determine the monetary value of the case.
Product Liability
Pregnancy is one of the most exciting and nerve-wracking moments in a woman's life. It's also the time when medical professionals make mistakes that can lead to birth defects. An experienced attorney can help parents in filing an action and obtaining the amount they deserve from those responsible for the disability of their child.
Medical professionals aren't always able to determine the root of birth defects, but the majority of them can be attributable to environmental or chemical exposure. This can include parental contact with toxic chemicals at the workplace, such as glycol ethers and solvents used in semiconductor manufacturing as well as agricultural chemicals used for pesticides and spraying on crops.
Manufacturers and those who prescribe medication also have a duty to warn the public about the risks. Yet, a large percentage of these drugs are marketed off-label for women of childbearing age, without warnings about the risk 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 chemical and pharmaceutical companies. His practice is centered around cases involving the occurrence of birth defects due to exposure of parents to toxic chemicals, including the ones used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.
