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Birth Defect Litigation

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

A New York birth defect lawyer can assist parents in filing an action and receive compensation to cover future costs. However, the law imposes strict time limitations on when a claim needs to be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks of childbirth and pregnancy. However birth defects and injuries still occur. Families need to consider their legal options when they are preventable.

Many birth defect lawsuits are based on claims of medical malpractice. These cases may involve mistakes made by nurses or doctors at any time during the pregnancy, labor and delivery processes. Additionally, medical professionals can commit medical malpractice after the birth of a baby in the event that they fail to provide the proper treatment.

Generally, the statute of limitations in these cases is 2.5 years from the date of the occurrence of medical negligence. For infants this can be extended. It is essential to talk with an attorney as soon as you can to ensure that all the evidence is collected, and that a timely complaint be filed.

In addition to medical malpractice, a suit can also be brought on behalf of a baby for birth defects caused by wrongful toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

Parents should be aware of the following characteristics when choosing an attorney to represent them in a lawsuit involving birth injury or defect:

Medical Malpractice

Birth defects can result in a wide range of mental or physical issues. Some may even be fatal. Certain of these problems could be genetic while others are caused through exposure to the environment or prescription drugs used during pregnancy.

A doctor or medical professional may be accused of malpractice when they cause birth defects through their actions or inaction. The most common cases involve medical negligence during the birth defect claim or labor process. They can also include any act of failure to do something that is below the standard of medical treatment, for instance failing to recognize an illness or prescribing incorrect medication during pregnancy.

One such case involves Teratogens. These drugs can result in birth defect law defects that are serious. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug, she must file an action.

It is crucial to select an attorney who has experience in handling these types of cases. Look for a law firm that is experienced in this area, and works on an hourly basis, which means you don't pay anything unless you win. Look for an attorney with an excellent ability to communicate and negotiate. This will ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

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

Drug manufacturers have an obligation to ensure that their products are tested properly and inform consumers of any risks. Unfortunately certain pharmaceutical companies don't keep up-to-date with current research or fail to anticipate possible side consequences. Some doctors recommend dangerous drugs to their patients and some women are not informed about the risks associated with taking certain medications during pregnancy. These drugs, known as teratogens may cause birth defects such as spina-bifida, which is a birth defect in the fe.

Other substances that can cause birth defect attorney defects include chemicals employed in the production and agricultural industries as well as heavy metals such as mercury, which are contaminating the groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and substances that could affect their reproductive health and lead to birth defects.

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

Product Liability

Pregnancy is one of the most exciting and nerve-wracking events in a woman's lifetime. But it's also a time when medical professionals can make mistakes that could cause birth defect lawsuit defects. An experienced attorney can help parents make a claim against those accountable for their child's handicap and get the amount of compensation they deserve.

Medical experts are not always able to determine the causes of birth defects, but the majority of them can be attributable to environmental or chemical exposure. This can include exposure by parents to toxic chemicals at work such as glycol ethers and birth defect lawyers solvents in semiconductor manufacturing, and agricultural chemicals used in spraying for crops and pesticides.

Additionally, the manufacturers and the people who prescribe prescription medications have a responsibility to inform people of their risks. Yet, a large percentage of these medications are sold off-label for women of childbearing age without proper warnings about the possibility of birth defects. This is particularly applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect legal defects lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects are caused by parental exposure to toxic chemical like those used in semiconductor manufacturing or agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.