Birth Defect Litigation

Certain injuries are beyond the parents or their control. Families could be faced with huge bills when these injuries require costly procedures and special treatment.

A New York birth defect lawyer can help stunned parents file claims and receive compensation to pay for future expenses. However, the law places strict deadlines on when a claim needs to be filed.

Statute of limitations

Modern medical technology and advances have helped to reduce risks associated with childbirth, pregnancy and birth. However birth defects and injuries can still occur. When they are preventable, families need to explore their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any point during the birth, labor and delivery processes. Medical professionals may also commit malpractice after the birth of a child when they fail to provide the proper treatment.

Generally speaking, the time limit for these cases is generally 2.5 years from when the act was committed of medical negligence. The time frame can be extended for infants. It is essential to speak with an attorney immediately to ensure that all the evidence is gathered, and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of a baby for birth defects caused by improper toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can examine the claims and then prosecute them on behalf of the family.

When choosing an attorney for a birth injury or defect lawsuit, parents should look for the following characteristics:

Medical Malpractice

Birth defects can lead to a variety of physical and mental problems. Some of them may even be fatal. Some of these problems may be genetic while others are caused by environmental exposures or prescription medications taken during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects due to their actions or inaction. These cases typically are due to medical negligence during delivery or labor. However, they can also include any act or inability to act in excess of a medical standard of care, such as failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One such type of situation is a drug called teratogens. It can cause birth defects that are serious. In the course of pregnancy, doctors generally advise women to not take this medication, which is commonly used to treat seizures. If the woman is exposed to the drug it is recommended that she make a claim.

It is important to choose an attorney who has experience in handling these kinds of cases. You should look for an attorney who has expertise in this area and works on contingency, so you won't be charged nothing until you win. Look for an attorney who has excellent communication and negotiation skills. This can help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities which require expensive medical care and accommodations for the child. These disocal professionals aren't always able to pinpoint the causes of birth defects, but most of them can be caused by environmental or chemical exposure. This could include contact from parents with toxic chemicals in the workplace, for example solvents and glycol ethers used in semiconductor manufacturing as well as agricultural chemicals used for pesticides and spraying on crops.

In addition, the manufacturer and the people who prescribe prescription medications must inform consumers of the dangers. A majority of these medications are sold to women who are expecting without warnings of the potential for birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where horizon city birth defect lawsuit defects are caused by exposure of parents to toxic chemicals such as those used in semiconductor manufacturing or farming. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.