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Birth Defect Litigation

Some injuries are out of the parents in their control. Families may be left with huge debts when these injuries require costly procedures and special treatment.

A New York birth defect attorney can assist parents who are in shock to file an appeal to be compensated for future expenses. However, the law has strict time limitations on the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce risks associated with pregnancy, childbirth and birth defect attorney. Birth defects and injuries continue to occur. Families should consider their legal options when they can be prevented.

Many birth defect suits are based on accusations of medical malpractice. These cases can involve mistakes made by nurses or doctors staff at any stage of the birth process, including labor and pregnancy. In addition medical professionals could be guilty of medical malpractice following the birth of a child, in the event that they fail to provide the correct treatment.

Generally, the time-limit for these cases is generally 2.5 years from when the act was committed of medical malpractice. The time frame can be extended for infants. It is important to consult a lawyer early enough to ensure that all evidence is collected, and that a timely complaint be filed.

A lawsuit can be filed on behalf of a child to claim birth defects caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can investigate the claims and then prosecute them on behalf of the family.

Parents should consider the following characteristics when choosing an attorney to represent them in a suit for birth injury or defect:

Medical Malpractice

Birth defects can lead to many mental or physical problems. Some birth defects may cause death. Some of these issues could be genetic while others are triggered by exposure to environmental factors or prescription drugs taken during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects as a result of their actions or inaction. The most common cases involve medical negligence during the birth or labor process. They can also be a result of any act of failure to be in compliance with a standard of medical care, such as the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One such case involves Teratogens. These medications can lead to serious birth defects. During pregnancy, doctors typically advise women to not take this medication, which is used in the treatment of seizures. If a woman who is pregnant is exposed to this drug, she should file an insurance claim.

It is vital to choose an attorney who has expertise in these kinds of cases. It is best to choose an attorney with years of experience in this field and works on contingency, so you won't have to pay nothing until you win. Find an attorney who has outstanding negotiation and communication skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities, which require expensive medical care and accommodations for the child. These issues are often genetic, but can also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.

Pharmaceutical companies are required to test their products properly and warn the public of any risks that could be present. Unfortunately some pharmaceutical companies fail to keep up to date with the latest research or fail to anticipate potential adverse consequences. In addition, doctors can prescribe dangerous medicines to their patients, and some women do not receive adequate information on the risks associated with taking certain medications during pregnancy. These drugs, referred to as teratogens can cause birth defects, including spina-bifida that can occur in the fetus.

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

If you decide to file an action against the parties responsible for your child's condition It is crucial to gather as much evidence as possible. This includes any ultrasound images, blood tests and medical bills that arise due to the birth defect. This information can help the attorney to determine the value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking events in a woman's lifetime. But it's also a period 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 who are responsible for their child's disabilities and acquire the amount of compensation they deserve.

While the causes of birth defects are usually not understood by medical professionals however, many of them are linked to exposure to chemicals or environmental factors. This can be due to exposure by parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.

Furthermore, manufacturers and the people who prescribe prescription medications must inform people of their risks. Yet, a substantial portion of these medications are sold off-label for women of childbearing age without warnings regarding the potential for 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. His practice focuses on cases involving the development of birth defects due to exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C. and Suffolk University Law School.