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Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur beyond their control. Families may be left with huge bills when these injuries require expensive procedures and special care.

A New York birth defect attorney can help parents who are in shock file a claim to get compensation for future expenses. The law has strict time limitations on when claims can be filed.

Statute of Limitations

Modern technology and medical advances have reduced the risks associated with childbirth, pregnancy and birth. However birth defects and injuries still occur. Families should consider their legal options if they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve mistakes made by nurses or doctors personnel at any stage of labor, pregnancy and birth. Medical professionals may also be guilty of malpractice following the birth of a child in the event that they fail to provide appropriate treatment.

In general the statute of limitations for these cases is 2.5 years from the date of the medical mistake. This time frame is extended for infants. However, it is essential to seek legal advice as soon as you can to ensure that all evidence is gathered and that a timely claim can be filed.

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

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

Medical Malpractice

Birth defects can lead to many mental or physical issues. Some may even be fatal. Some of these problems may be genetic, while others are caused through exposure to the environment or prescription drugs used during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects by their actions or inaction. These cases usually are due to medical negligence during delivery or labor. However, they may also include any act or inability to act that is not in the range of the medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One example involves Teratogens. These medications can lead to birth defects that are serious. During pregnancy, doctors usually advise women to avoid taking this medication, which is used in the treatment of seizures. If a pregnant woman is exposed to this medication, she must make a claim.

It is vital to choose an attorney who has experience in these types of cases. Choose a law firm that is specialized in this field and operates on the basis of a contingent fee, which means you don't pay anything unless you get the case won. Also, look for an attorney with excellent communication and negotiation abilities. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

A lot of birth defects can cause physical or mental disabilities, which require expensive medical care and accommodations for the child. Often, these conditions are inherited, but a few of them can be caused by environmental or chemical exposure, or medications that the mother took while pregnant.

Drug makers are required to test their products correctly and inform the public about any potential risks. Unfortunately some pharmaceutical companies fail to keep up-to-date with the latest research or fail to anticipate potential adverse effects. Certain doctors prescribe dangerous drugs to their patients and some women are not aware of the dangers associated with taking certain drugs while pregnant. These drugs, known as teratogens, may cause birth defects such as spina-bifida in the fetus.

Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury that pollute groundwater and air. Diane Paolicelli's legal career has been focused on fighting powerful corporations that expose women to toxic chemicals and substances that can cause harm to their reproductive health and cause birth defects.

When filing an action against the parties accountable for your child's condition, it is important to gather the most evidence you can. Included in this are any ultrasound images, blood tests, and medical bills that are incurred due to. This will help the attorney determine the monetary value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking experiences a woman can go through in her life. It's also the time when medical professionals are prone to making mistakes that lead to birth defects. An experienced attorney can assist parents to file a claim against the medical professionals responsible for their child's disability and acquire the amount of compensation they deserve.

Although the causes of birth defects are often not understood by medical professionals, a significant number are linked with exposure to chemicals or the environment. This could include exposure of parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.

Additionally, the manufacturers and those who prescribe prescription medications have a responsibility to inform consumers of the dangers. Yet, a substantial portion of these drugs are sold off-label to women of childbearing age without adequate warnings about the potential for birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where birth defect lawyers defects are caused by parental exposure to toxic chemical such as those that are employed in the manufacture of semiconductors or in agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.