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Birth Defect Litigation

Some injuries are beyond the parents' control. When injuries require specialized treatment and costly procedures, it could result in huge costs for families.

A New York birth defect lawyer can assist parents who are shocked to file a claim and get compensation to cover future costs. The law has strict time limits on when a claim may be filed.

Statute of Limitations

Modern technology and medical advancements have helped reduce the risks associated with childbirth and pregnancy. Birth defects and injuries do remain a possibility. When they are preventable, families need to explore their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any stage of labor, birth and pregnancy. Medical professionals can also be guilty of malpractice following the birth of a baby if they fail provide proper treatment.

In general, the statutes of limitations in these cases are 2.5 years from the date of the medical malpractice. For infants this is sometimes extended. It is important to consult an attorney early enough to ensure that all evidence is gathered and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit may 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 examine these claims and pursue them 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 an array of physical or mental problems. Some of them can be fatal. Some of these problems may be caused by genetics, while others are caused by exposure to environmental factors or prescription drugs used during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects through their actions or inaction. The majority of these cases are based on medical negligence in delivery or labor. However, they could also include any act or inability to act that is not in the range of a medical standard of care, such as failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One example is involving teratogens. These drugs can result in serious birth defects. During pregnancy, doctors typically recommend women not to take this medication, which is commonly used in the treatment of seizures. If the woman is exposed to the drug, then she should make a claim.

It is essential to select an attorney who has experience in handling these kinds of cases. You should seek out a firm that has years of experience in this field and is on contingency, which means you don't pay nothing until you win. Look for an attorney with outstanding negotiation and communication skills. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. These issues are often genetic, but can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to thoroughly test their products and warn consumers of any risks. Unfortunately some pharmaceutical companies do not keep up-to-date with current research or fail to anticipate possible adverse effects. Certain doctors prescribe dangerous drugs to their patients, and some women aren't aware of the risks of taking certain medications while pregnant. These medications are referred to as teratogens and can cause birth defects within the fetus, including spina bifida.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury which pollute groundwater and 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.

If you decide to file an action against the parties that are accountable for your child's health it is crucial to gather as much evidence as you can. Included in this are ultrasound images and blood tests as well as medical bills incurred due to. This assists the attorney in determining the monetary worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but anxiety-inducing experiences in women's lives. It's also a time where medical professionals make mistakes that lead to birth defects. A top attorney can assist parents in submitting claims and getting the money they deserve from those responsible for the handicap of their child.

While the causes of birth defects are generally unknown to medical experts however, a significant proportion can be linked to exposure to chemicals or environmental causes. This could include exposure of parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for crop spraying and pesticides.

In addition, manufacturers and those who prescribe prescription medications have a responsibility to warn consumers of the dangers. A large portion of these drugs are offered to women who are pregnant, without warnings of the potential for birth defect. This is especially true for antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects result from exposure to toxic chemicals by parents such as those that are employed in semiconductor manufacturing or agricultural. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.