Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur outside of their control. Families are left with huge debts when these injuries require expensive procedures and specialized care.

A New York birth defect lawyer can assist parents who are shocked to file claims and receive compensation to cover future expenses. However, the law places strict deadlines for when a claim should be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks of childbirth and pregnancy. Birth defects and injuries do still occur. Families need to explore their legal options when they are preventable.

Many Chula Vista Birth Defect Attorney defect lawsuits are stemming from allegations of medical malpractice that occurred. These cases could involve mistakes made by nurses or doctors staff at any time during pregnancy, labor and birth. In addition medical professionals may be guilty of medical malpractice following the birth of a child in the event that they fail to provide proper treatment.

In general, the statutes of limitation for these cases are 2.5 years after the date of the medical error. The time limit can be extended to infants. However, it is important to seek legal counsel as soon as you can to ensure that all evidence is collected and that a timely claim be filed.

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

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

Medical Malpractice

Birth defects can result in numerous mental or physical problems. Some birth defects can cause death. Some of these problems are inherited, while others are due to exposure to environmental factors or the use of prescribed drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects due to their actions or inaction. The majority of these cases are caused by medical negligence during labor or delivery. However, they can also include any act or failure to act that falls short of a medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One such case involves teratogens. These drugs can cause birth defects that are serious. When pregnant, doctors usually recommend women not to take this medication, which is commonly used in the treatment of seizures. If a pregnant woman is exposed to this medication, she must submit a claim.

It is important to select an attorney who is experienced in handling these kinds of cases. Choose a law firm that specializes in this area and works on an on a contingency basis, meaning you won't have to pay a dime unless you are successful. Also, you should look for a lawyer with strong communication and negotiation skills. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities that require expensive medical treatment and accommodations for the child. These disorders are usually genetic, but can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.

Drug manufacturers are required to test their products thoroughly and warn consumers about any risks. Unfortunately many pharmaceutical companies fail to keep up with the latest research or foresee potential side effects. Some doctors recommend dangerous drugs to their patients. Moreover, some women are not aware of the risks associated with taking certain drugs while pregnant. These medications, also known as teratogens can cause birth defects such as spina-bifida, in the fetus.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals such as mercury that affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and other substances that harm their reproductive health and cause birth defects.

It is essential to gather as all evidence you can prior to filing a lawsuit against the parties accountable. This includes ultrasound images, blood tests, and medical bills that arise due to the birth defect. This assists the attorney in determining the financial value of the case.

Product Liability

Pregnancy is among the most exciting, but stressful experiences in the life of a woman. It's also a time where medical professionals are prone to making mistakes that can lead to birth defects. A top lawyer can assist parents in filing claims and getting the amount they deserve from those responsible for the handicap of their child.

Medical professionals aren't always able to pinpoint the causes of umatilla birth defect lawyer defects, but the majority of them can be due to environmental or chemical exposure. This could include contact from parents with toxic chemicals at the workplace, for example glycol ethers and solvents that are used in semiconductor manufacturing, as well as agricultural chemicals for pesticides and spraying of crops.

The manufacturers and the people who prescribe medication are also required to inform people about the dangers. A large number of these drugs are offered to pregnant women without warnings of the potential for birth defect. This is particularly the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases involving the occurrence of birth defects resulting from parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.