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Birth Defect Litigation

Parents want perfect babies, but some injuries happen outside of their control. Families may be left with a huge bill when injuries require costly procedures and special care.

A New York birth defect attorney can assist parents in shock to file an action to receive compensation for future expenses. However, the law has strict deadlines when a claim needs to be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce risks associated with pregnancy, childbirth and birth. Birth defects and injuries still occur. Families should consider their legal options if they are preventable.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any time during the labor and delivery procedures. In addition medical professionals could be guilty of medical malpractice after the birth of a baby if they fail to provide proper treatment.

In general the statute of limitations for these cases are 2.5 years after the date of the medical malpractice. This time frame may be extended for infants. However, it is important to seek legal counsel immediately to ensure that all evidence is gathered and that a timely claim be filed.

A lawsuit may be filed on behalf of a child for Birth Defect Lawsuit defects that are caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

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

Medical Malpractice

Birth defects can trigger an array of physical or mental problems. Some of them can be fatal. Some of these issues are genetic, but others are due to environmental exposures or the use of prescription medications during pregnancy.

A doctor or medical professional could be accused of misconduct in the event of causing birth defects due to their actions or inaction. These cases typically involve medical negligence during labor or delivery. However, they can also comprise any act or failure to act that is in violation of a medical standard of care, like failing to diagnose a condition or prescribing the wrong medication during pregnancy.

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

It is important that you choose an attorney with expertise in these kinds of cases. You should choose a firm with expertise in this area and is on contingency, which means you don't have to pay anything until you are successful. Also, search for a lawyer who has excellent negotiation and communication abilities. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

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

Drug makers are required to test their products properly and inform the public of the potential dangers. Sadly many pharmaceutical companies fail to keep up with the latest research or anticipate the potential adverse consequences. Moreover, doctors may prescribe dangerous drugs to patients, and some women do not receive the correct information regarding the dangers of taking certain drugs during pregnancy. These are known as teratogens, and they may cause birth defect lawsuit defects in the fetus, such as spina Bifida.

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

If you are filing lawsuits against the parties that are accountable for your child's health It is crucial to gather the most evidence you can. Included in this are ultrasound images and blood tests as well as medical bills incurred due to. This information will help the attorney to determine the value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful events in a woman's lifetime. It's also a time where medical professionals are prone to making mistakes that cause birth defects. An experienced attorney can assist parents file a claim against those who are responsible for their child's disabilities and receive the amount of compensation they deserve.

Although the causes of birth defects are typically unknown to medical experts however, many of them can be attributed to exposure to chemicals or environmental causes. This can include parental exposure to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in crop spraying and pesticides.

The manufacturers and the people who prescribe medicines are also required to inform the public about the dangers of their products. A significant portion of these drugs are marketed to pregnant women without warnings about the possibility of birth defect. 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 pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects are caused by exposure of parents to toxic chemicals, such as those employed in the manufacture of semiconductors or in agriculture. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.