Birth Defect Litigation
Certain injuries are beyond the parents in their control. Families could be faced with huge bills when these injuries require costly procedures and special attention.
A New York birth defect lawyer can assist parents who are stunned to file an action and receive compensation to cover future expenses. However, the law has strict time limitations on when a claim must be filed.
Statute of limitations
Modern technology and medical advancements have helped reduce the risks associated with childbirth and pregnancy. However birth defects and injuries still occur. When they are preventable, families must explore their legal options.
Many birth defect lawsuits stem from allegations of medical malpractice. These cases can involve errors committed by nurses or doctors at any time during the birth, labor and delivery procedures. Additionally medical professionals can be guilty of medical malpractice after a child’s birth if they fail to provide the proper treatment.
Generally speaking, the time-limit for these cases is 2.5 years from the date of the occurrence of medical malpractice. The time limit can be extended to infants. However, it is important to seek legal counsel as soon as possible to ensure that all evidence is gathered and that a timely claim can be filed.
In addition to medical malpractice, a suit may also be filed on behalf of a baby for birth defects that result from wrongful toxic and chemical exposures that occur during the mother’s 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 consider the following qualities:
Medical Malpractice
Birth defects can cause an array of physical or mental problems. Some birth defects can cause death. Certain of these problems could be genetic and others may be caused by exposure to environmental factors or prescription drugs taken during pregnancy.
A doctor or medical professional may be accused of negligence when they cause a birth defect through their actions or inaction. These cases typically are based on medical negligence in labor or delivery. They can also be a result of any act of failure to be in compliance with a standard of medical care, such as failing to recognize an illness or prescribing incorrect medication during pregnancy.
One example of situation involves a drug called teratogens. It can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should make an insurance claim.
It is crucial to select an attorney who is experienced in handling these kinds of cases. You should choose an attorney who has experience in this field and is based on contingency, meaning that you don’t have to pay anything until you win. Also, search for an attorney who has strong communication and negotiation abilities. This will 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 costly medical treatment and accommodations for the child. These issues are often caused by genetics, but can also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.
Drug makers are required to test their products correctly and inform the public about any potential dangers. Sadly certain pharmaceutical companies do not keep up with the latest research or anticipate possible side consequences. Certain doctors prescribe dangerous medications to their patients. Moreover, some women are not informed about the dangers associated with taking certain medications during pregnancy. These drugs are referred to as teratogens, and they can cause birth defects in the fetus, such as spina Bifida.
Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury that can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and other substances that affect their reproductive health and cause birth defects.
It is important to collect as all evidence you can before making a claim against the parties responsible. This includes ultrasound images, blood tests and medical bills that came up due to the birth defect. This information can help the attorney determine the worth of the case.
Product Liability
Pregnancy is one of the most thrilling and stressful moments in a woman’s life. However, it’s also a time when medical professionals can make mistakes that could lead to birth defects. A top attorney can assist parents in filing an action and obtaining the compensation they deserve from those responsible for the handicap of their child.
While the causes of birth defects are often unknown to medical professionals but a large proportion of birth defects can be linked with exposure to chemicals or the environment. This may include contact by parents with toxic chemicals in the workplace, such as glycol ethers and solvents used in semiconductor manufacturing, and agricultural chemicals used for pesticides as well as spraying crops.
The manufacturers and the people who prescribe medication are also required to inform people about the dangers. However, a significant portion of these medications are sold off-label to women who are pregnant age without adequate warnings about the potential for birth defects. This is particularly true for 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 that involve the occurrence of birth defects due to exposure of parents to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.
