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Birth Defect Litigation

Some injuries are beyond the parents in their control. When injuries require specialized care and costly procedures, it could leave families with huge expenses.

A New York birth defect attorney can help parents who are shocked to file a claim to get compensation for future expenses. However, the law imposes strict deadlines on when a claim should be filed.

Statute of limitations

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

Many birth defect lawsuits are based on allegations of medical malpractice. These cases can involve mistakes made by doctors or nursing staff at any time during pregnancy, labor and birth. Additionally medical professionals could be guilty of medical malpractice following a child's birth if they fail to provide proper care.

In general the statute of limitations for these cases are 2.5 years from the date of the medical malpractice. This time frame can be extended for infants. It is essential to speak with a lawyer early enough to ensure that all evidence is collected, 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 exposure to chemicals and toxic substances that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

Parents should think about the following qualities when selecting an attorney to represent their interests in a lawsuit filed for birth defect or injury:

Medical Malpractice

Birth defects can lead to an array of mental or physical ailments. Some birth defects can be fatal. Some of these issues may be genetic, while others are caused through exposure to the environment or prescription medications taken during pregnancy.

A medical professional or doctor could be accused of malpractice if they cause birth defects through their actions or inaction. These cases are usually due to medical negligence during labor or delivery. They can also include any other do something that is below the standard of medical care, such as failing to recognize an illness or prescribing incorrect medication during pregnancy.

One example of case is a medication known as teratogens, which could cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must submit a claim.

It is important that you choose an attorney with previous experience in these cases. Find a firm that has a specialization in this area and works on a contingency basis, so you don't have to pay any fees unless you succeed. Look for an attorney with outstanding negotiation and communication skills. This will help ensure that you file your claim before the time for filing expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to thoroughly test their products and warn consumers about any risks. Unfortunately, some pharmaceutical companies do not keep up to date with the latest research or fail to anticipate potential side consequences. Some doctors recommend dangerous drugs to their patients and some women are not aware of the risks of using certain drugs during pregnancy. These are known as teratogens and can cause birth defects in the fetus, including spina Bifida.

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

It is crucial to collect as many evidences as you can prior to filing a lawsuit against the party responsible. This includes any ultrasound scans, blood tests, and medical bills that came up because of the birth defect. This will help the attorney determine the monetary value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful moments in a woman's life. But it's also a period where medical professionals often make mistakes that could cause birth defects. A top attorney can assist parents in filing an appeal and gaining the compensation they deserve against those responsible for the disability of their child.

While the causes of birth defects are usually unknown to medical professionals but a large proportion of birth defect lawyers defects can be linked to exposure to chemicals or environmental factors. This can be due to exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

The pharmaceutical companies and those who prescribe medicines also have a duty to inform people about the dangers. Yet, a large percentage of these drugs are marketed off-label to women who are pregnant age without warnings regarding the possibility of birth defects. This is particularly true for antidepressants like Prozac and Zoloft.

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