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Birth Defect Litigation

Some injuries are beyond the parents' control. Families may be left with huge debts when these injuries require costly 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 costs. However, the law places strict deadlines for when a claim must be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks that come with childbirth and pregnancy. Birth defects and injuries continue to occur. Families must consider their legal options if they are preventable.

Many birth defect suits are based on accusations of medical malpractice. These cases could involve mistakes made by doctors or nursing staff at any time during pregnancy, labor and birth. Medical professionals can also commit malpractice after the birth of a baby by failing to provide the correct treatment.

In general, the statutes of limitations for these cases are 2.5 years from the date of the medical negligence. For infants, this period can be extended. It is important to consult an attorney immediately to ensure that all evidence is collected and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects caused by improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

Parents should be aware of the following factors when choosing an attorney to represent them in a lawsuit involving birth defects or injuries:

Medical Malpractice

Birth defects can lead to various mental and physical problems. Certain birth defects could cause death. Some of these issues may be genetic, while others are caused through exposure to the environment or prescription medications used during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defect lawsuit defects through their actions or inaction. These cases usually are due to medical negligence during labor or delivery. They may also involve any act of failure to act which falls below a standard of medical care, like not diagnosing an illness or prescribing the wrong medication during pregnancy.

One instance of case is a medication called teratogens, which can cause serious birth defects. In the course of pregnancy, doctors generally advise women to not take this medication, which is commonly used to treat seizures. If women are exposed to the drug then she should submit an insurance claim.

It is crucial to select an attorney who is experienced in handling these kinds of cases. You should seek out an attorney who has experience in this field and works on contingency, so you don't have to pay anything until you win. Choose an attorney with an excellent ability to communicate and negotiate. This will help ensure that you make your claim in time before the time limit expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities that require expensive medical treatment and accommodations for the child. These conditions are often genetic, but they can also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to ensure that their products are tested properly and warn consumers of any potential risks. Unfortunately some pharmaceutical companies fail to keep up with research or foresee potential side effects. Certain doctors prescribe dangerous drugs to their patients. Some women are not aware of the risks associated with using certain drugs during pregnancy. These drugs are known as teratogens, and they may cause birth defects in the fetus including spina bifida.

Other substances that can cause birth defects include chemicals used in manufacturing and agriculture as well as heavy metals such as mercury, which are contaminating the groundwater or air. Diane Paolicelli's legal career has been dedicated to combating powerful corporations that expose women to toxic chemicals and substances that could damage their reproductive health or lead to birth defects.

It is crucial to collect as many evidences as you can prior to filing a lawsuit against the parties responsible. This includes ultrasound images, blood tests and medical bills that arose as a result of the birth defect. This allows the attorney to determine the value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking experiences a woman can go through in her life. However, it's also a time when medical professionals can make mistakes that can cause birth defects. A reputable attorney can assist parents in submitting an appeal and gaining the money they deserve from those who are responsible for the impairment of their child.

Medical experts aren't always able determine the causes 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, like glycol ethers and solvents used in semiconductor manufacturing and agricultural chemicals used for pesticides as well as crop spraying.

In addition, manufacturers and those who prescribe prescription medications must inform people of their risks. A majority of these drugs are marketed to women who are expecting without warnings of the possibility of birth defects. This is particularly applicable to antidepressants such Prozac and Zoloft.

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