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Birth Defect Litigation

Some injuries are beyond the parents of their control. Families can be left with a large bill when injuries require expensive procedures and specialized care.

A New York birth defect lawyer can assist parents who are shocked to file claims and receive compensation to pay for future expenses. The law has strict time limits for when claims can be filed.

Statute of limitations

Modern medical technology and advances have made it possible to reduce the risks associated with childbirth, pregnancy and birth. However birth defects and injuries continue to occur. If they're preventable families must consider their legal options.

Many birth defect lawsuits are stemming from claims of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any point in the labor and delivery procedures. Medical professionals can also be negligent after the birth of a baby when they fail to provide the proper treatment.

In general the statute of limitations for these cases are 2.5 years from the date of the medical malpractice. For infants, the time period may be extended. But, it is crucial to seek legal advice as soon as possible to ensure that all evidence is gathered and that a timely claim can be filed.

In addition to medical malpractice, a suit may also be filed on behalf of an infant for birth defects caused by improper toxic and chemical exposures that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.

When choosing an attorney for a birth injury or defect lawsuit parents should look for the following qualities:

Medical Malpractice

Birth defects can trigger a wide range of mental or physical issues. Some birth defects can be fatal. Some of these issues are inherited, whereas others are caused by exposure to environmental factors or the usage of prescription drugs during pregnancy.

A medical professional or doctor could be convicted of malpractice when they cause birth defects through their actions or inaction. These cases typically are caused by medical negligence during delivery or labor. They also encompass any act of failure to be in compliance with a standard of medical care, for example, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of case is a medication called teratogens, which can cause serious birth defect lawyers defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug, then she should submit a claim.

It is important that you choose an attorney who has prior experience in these types of cases. Find a firm that has a specialization in this field and operates on an hourly basis, which means you don't have to pay any fees unless you get the case won. Also, you should look for a lawyer who has excellent communication and negotiation abilities. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to test their products thoroughly and inform consumers of any risks. Unfortunately some pharmaceutical companies do not keep up to date with the latest research or fail to anticipate possible side consequences. Certain doctors prescribe dangerous drugs to their patients, and some women aren't aware of the dangers associated with using certain drugs during pregnancy. These medications are referred to as teratogens, and they can cause birth defects in the fetus, including spina bifida.

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

It is crucial to collect as the evidence you can before filing a suit against the parties responsible. This includes blood tests, ultrasound images and medical bills that arise because of the birth defect. This information can help the attorney to determine the value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful moments in a woman's life. However, it's also a time when many medical professionals make mistakes that could cause birth defects. An experienced attorney can assist parents to file a claim against the medical professionals accountable for their child's handicap and get the justice they deserve.

Although the causes of birth defects are often unknown to medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental causes. This may include contact by parents with toxic chemicals at the workplace, for example solvents and glycol ethers used in semiconductor manufacturing as well as chemical pesticides used in agriculture and spraying of crops.

In addition, the manufacturer and those who prescribe prescription medications have a responsibility to warn patients of the risks. However, a lot of these drugs are marketed off-label for women of childbearing age without adequate warnings about the possibility of birth defects. This is particularly the case with 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 focuses his practice on cases involving the occurrence birth defects due to exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.