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Birth Defect Litigation

Parents want perfect babies, but some injuries happen beyond their control. If injuries that result from these accidents require special treatment and expensive procedures, it can cause families to be faced with massive costs.

A New York birth defect attorney can assist parents who are in shock to file a claim to get compensation 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 reduce the risks of childbirth and pregnancy. Birth defects and injuries do continue to occur. If they can be prevented, families must explore their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve mistakes made by nurses or doctors at any point during the birth, labor and delivery procedures. In addition medical professionals can be guilty of medical malpractice after the birth defect attorneys of a child, birth defect litigation in the event that they fail to provide proper care.

Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the incident of medical negligence. The time limit is extended for infants. It is nevertheless important to seek legal advice early enough to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a suit could 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. Lawyers specially trained in birth defects can investigate these claims and pursue them on behalf of the family.

When selecting an attorney for a birth injury or defect lawsuit, Birth defect litigation parents should look for the following characteristics:

Medical Malpractice

Birth defects can cause an array of mental or physical issues. Some birth defects can cause death. Some of these problems may be genetic while others are triggered by environmental exposures or prescription medications taken during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects through their actions or inaction. These cases usually are due to medical negligence during delivery or labor. They can also include any other do something that is below the standard of medical treatment, for instance not diagnosing an illness or prescribing incorrect medication during pregnancy.

One example 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 the woman is exposed to the drug it is recommended that she file a claim.

It is essential to select an attorney who has handled these types of cases. Choose a law firm that is experienced in this field and operates on the basis of a contingent fee, which means you don't have to pay any fees unless you win. Look for an attorney who has outstanding negotiation and communication skills. This will help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defect law defects result in physical or mental disabilities that require expensive medical treatment and accommodations for the child. Most often, these disorders are genetic, however some of them can be caused by environmental or chemical exposure, or by medications the mother took while pregnant.

Pharmaceutical companies are required to test their products correctly and warn the public of any potential dangers. Unfortunately some pharmaceutical companies don't keep up-to-date with current research or fail to anticipate potential adverse effects. Certain doctors prescribe dangerous drugs to their patients. Some women aren't aware of the dangers associated with taking certain medications while pregnant. These medications are referred to as teratogens. They may cause birth defect litigation defects in the fetus, including spina bifida.

Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury, which pollute groundwater and air. Diane Paolicelli's legal profession has been focused on combating powerful corporations that expose women to harmful chemicals and substances that may harm their reproductive health or cause birth defects.

When filing lawsuits against the people responsible for your child's condition, it is important to gather as much evidence as possible. Included in this are any ultrasound images or blood tests, as well as medical bills that are incurred as a result. This information can help the attorney to determine the worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful events in a woman's lifetime. But it's also a time when medical professionals can make mistakes that could lead to birth defects. A reputable attorney can assist parents in filing an action and obtaining the money they deserve from those who are responsible for the impairment of their child.

Medical experts aren't always able to pinpoint the exact cause of birth defects, however a large number can be due to environmental or chemical exposure. This can include exposure by parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.

The manufacturers and the people who prescribe medications are also obliged to inform the public about their risks. A significant portion of these drugs are marketed to women who are expecting without warnings of the possibility of birth defect. This is particularly applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases involving the occurrence of birth defects that result from exposure of parents to toxic chemicals, which includes the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.