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Birth Defect Litigation

Some injuries are out of the parents or 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 in filing a claim and get compensation to cover the cost of future expenses. However, the law places strict deadlines when a claim should be filed.

Statute of limitations

Modern medical technology and advancements in medical science have helped to reduce risks that are associated with childbirth, pregnancy and birth. However, birth defects and injuries can still occur. When they are preventable, families need to explore their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors personnel at any stage of pregnancy, labor and birth. In addition medical professionals could be guilty of medical malpractice after the birth of a child in the event that they fail to provide the proper treatment.

Generally speaking, the time limit for these cases is 2.5 years from the date of the occurrence of medical malpractice. The time limit may be extended for infants. But, it is crucial to seek legal counsel as soon as possible to ensure that all evidence is collected and that a timely claim be filed.

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

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

Medical Malpractice

Birth defects can cause numerous mental or physical issues. Some birth defects can cause death. Some of these issues could be genetic, while others are caused by environmental exposures or prescription drugs taken during pregnancy.

A medical professional or doctor could be convicted of malpractice if they cause a birth defect through their actions or inaction. These cases usually are caused by medical negligence during delivery or labor. However, they could also be a result of any action or failure to act that falls short of a medical standard of care, like failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One instance of case involves a medication called teratogens, which can cause serious birth defects. During pregnancy, doctors typically advise women to avoid taking this medication, which is commonly used in the treatment of seizures. If the woman is exposed to the drug then she should submit an action.

It is essential to select an attorney who has experience in these types of cases. Look for a law firm that specializes in this field and operates on an on a contingency basis, meaning there is no cost unless you are successful. Also, you should look for a lawyer with strong negotiation and communication skills. This will help to ensure that you make your claim in time before the statute of limitations expires.

Prescription Drugs

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

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

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

If you decide to file a lawsuit against the parties responsible for your child's condition, it is important to gather as much evidence as possible. This includes any ultrasound scans, blood tests, and medical bills incurred due to the birth defect. This helps the attorney establish the monetary worth of the case.

Product Liability

Pregnancy can be one of the most exciting and anxious experiences of women's lives. But it's also a time when medical professionals can make mistakes that can cause birth defects. A top lawyer can help parents bring a lawsuit against those responsible for their child's condition and acquire the compensation they deserve.

While the causes of birth defects are typically unknown to medical professionals but a large proportion of birth defects are linked with exposure to chemicals or the environment. This can include parental contact with toxic chemicals at the workplace, such as glycol ethers and solvents used in semiconductor manufacturing, and agricultural chemicals for pesticides and spraying on crops.

In addition, the manufacturer and those who prescribe prescription medicines have a responsibility to inform people about the risks. Yet, a large percentage of these drugs are sold off-label to women of childbearing age without warnings regarding the possibility of birth defect law firm defects. This is especially true for antidepressants like 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 development of birth defects resulting from parental exposure to toxic chemicals such as those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.