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Birth Defect Litigation

Some injuries are beyond the parents or their control. When these injuries require special treatment and costly procedures, it can cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents who are stunned to file claims and receive compensation to cover future costs. However, the law imposes strict deadlines on when a claim needs to be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks associated with childbirth and pregnancy. However, birth defects and injuries 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 result from mistakes made by doctors or nursing staff at any time during labor, birth and pregnancy. Medical professionals may also commit malpractice after the birth of a baby in the event that they fail to provide appropriate treatment.

In general the statute of limitation for these cases is 2.5 years from the date of the medical negligence. For infants, the time can be extended. It is essential to talk with an attorney as soon as you can to ensure that all evidence is collected, and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of a baby for birth defects caused by improper toxic and chemical exposures that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can result in numerous mental or physical ailments. Some birth defects can be fatal. Some of these problems are inherited, whereas others are due to exposure to environmental factors or the usage of prescription drugs during pregnancy.

A doctor or medical professional may be accused of negligence in the event of causing birth defects through their actions or inaction. These cases are usually caused by medical negligence during delivery or labor. They also encompass any other be in compliance with a standard of medical treatment, for instance failing to recognize an illness or prescribing incorrect medication during pregnancy.

One example of case involves a medication called teratogens, which can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug then she must file an action.

It is important to choose an attorney who has handled these types of cases. Choose a law firm that has a specialization in this area and works on an on a contingency basis, meaning you don't have to pay any fees unless you win. Choose an attorney with great negotiation and communication skills. This will help ensure that you submit your claim before the statute of limitations expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require costly medical care and accommodations for the child. Most often, these disorders are genetically inherited, but some can be caused by environmental or chemical exposure, or by medications the mother took during pregnancy.

Drug manufacturers are required to test their products properly and inform the public about any risks that could be present. Unfortunately certain pharmaceutical companies fail to keep up with research or anticipate potential side effects. Moreover, doctors may prescribe dangerous drugs to their patients as well as some women do not receive adequate information on the dangers of taking certain drugs during pregnancy. These drugs are known as teratogens, and they can cause birth defects in the fetus, including spina Bifida.

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

When filing an action against the parties responsible for your child's condition, it is important to gather as much evidence as possible. This includes any ultrasound images, blood tests and medical bills that arise because of the birth defect. This information can help the attorney determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet stressful experiences in women's lives. But it's also a time where many medical professionals make mistakes that can lead to birth defects. A top attorney can assist parents in filing claims and getting the compensation they deserve against the people responsible for the disabilities of their child.

Although the causes of birth defects are often unknown to medical professionals but a large proportion of birth defects can be attributed to exposure to chemicals or environmental causes. This can include parental contact with toxic chemicals at the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing, and agricultural chemicals used for pesticides and spraying on crops.

In addition, the manufacturer and those who prescribe prescription medications are required to inform patients of the risks. Yet, a large percentage of these drugs are marketed off-label to women who are pregnant age without warnings regarding the potential for birth defects. This is especially applicable to antidepressants such Prozac and Zoloft.

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