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Birth Defect Litigation

Some injuries are beyond the parents of their control. When these injuries require special medical attention and expensive procedures, it could cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents who are shocked to file a claim and get compensation to cover the cost of future expenses. However, the law places strict deadlines for the time a claim has to be filed.

Statute of limitations

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

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve mistakes made by nurses or doctors personnel at any stage of labor, birth and pregnancy. Medical professionals may also be guilty of malpractice following the birth of a baby by failing to provide the correct treatment.

In general the statute of limitations in these cases is 2.5 years after the date of the medical malpractice. For infants, this is sometimes extended. It is essential to speak with an attorney early enough to ensure that all the evidence is gathered and that a timely complaint can be filed.

In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defects resulting from improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can lead to various mental and physical issues. Certain birth defects can cause death. Some of these problems may be caused by genetics while others are caused by exposure to environmental factors or prescription medications taken during pregnancy.

A doctor or medical professional could be convicted of malpractice if they cause birth defects due to their actions or inaction. These cases usually involve medical negligence during labor or delivery. However, they may also be a result of any action or failure to act in excess of the medical standard of care, like failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One such case involves Teratogens. These drugs can cause birth defects that are serious. When pregnant, doctors usually recommend women not to take this medication, which is commonly used to treat seizures. If a pregnant woman is exposed to this drug, she should make a claim.

It is essential to select an attorney who has previous experience in these cases. You should seek out a firm that has extensive experience in this field. It also is on contingency, which means you won't be charged anything until you are successful. Look for an attorney who has great negotiation and communication skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities that require expensive medical treatment and accommodations for the child. Most often, these disorders are genetically inherited, but some of them are caused by environmental or chemical exposure, or the medications the mother consumed during pregnancy.

Drug manufacturers have an obligation to test their products thoroughly and warn consumers about any risks. Sadly, some pharmaceutical companies fail to keep up with research or anticipate the potential adverse consequences. Furthermore, doctors may prescribe dangerous drugs to their patients as well as some women do not receive the correct information regarding the risks associated with taking certain drugs during pregnancy. These drugs, also known as teratogens, can cause birth defects, such as spina-bifida, in the fetus.

Other substances that could cause birth defects are chemicals used in agriculture and manufacturing as well as heavy metals like mercury, which are contaminating the groundwater or air. Diane Paolicelli's legal career is dedicated to fighting powerful corporations who expose women to harmful chemicals and substances that can damage their reproductive health or cause birth defects.

When filing lawsuits against the parties responsible for your child's condition It is crucial to gather as much evidence as you can. Included in this are any ultrasound images or blood tests, as well as medical bills incurred due to. This assists the attorney in determining the financial value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking experiences a woman can go through in her life. It's also the time that medical professionals are prone to making mistakes that lead to birth defects. A top lawyer can assist parents in submitting an action and obtaining the money they deserve from those who are responsible for the impairment of their child.

Medical professionals aren't always able of determining the exact cause of birth defects, but a large number can be caused by environmental or chemical exposure. This can include parental contact with toxic chemicals in the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing, and agricultural chemicals used for pesticides as well as spraying of crops.

The pharmaceutical companies and those who prescribe medicines are also required to inform the public about the dangers of their products. However, a significant portion of these medications are sold off-label to women of childbearing age without adequate warnings about the possibility of birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.

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