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Birth Defect Litigation

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

A New York birth defect lawyer can help stunned parents file claims and receive compensation to cover the cost of future expenses. The law has strict time limitations for when claims can be filed.

Statute of Limitations

Modern technology and medical advancements have aided in reducing the risks associated with pregnancy, childbirth and birth. Birth defects and injuries continue to occur. Families need to consider their legal options if they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases can involve errors made by nurses or doctors at any time during birth, labor and delivery procedures. Medical professionals may also commit malpractice after the birth of a baby if they fail provide proper treatment.

Generally speaking, the time limit for these cases is generally 2.5 years from the date of the act of medical negligence. This time period may be extended for infants. It is crucial to consult an attorney whenever you can to ensure that all evidence is collected, and that a timely complaint be filed.

In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defects resulting from 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.

Parents should take into consideration the following qualities when selecting an attorney to represent them in a lawsuit involving birth defects or birth injuries:

Medical Malpractice

Birth defects can lead to various mental and physical issues. Some of them could be fatal. Certain of these problems could be genetic while others are caused by environmental exposures or prescription drugs taken during pregnancy.

A medical professional or doctor could be convicted of malpractice if they cause birth defects by their actions or inaction. These cases typically involve medical negligence during the birth or labor process. However, they could also comprise any act or failure to act in excess of a medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One of these cases involves the teratogens. These medications can cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should make an insurance claim.

It is essential to select an attorney with experience handling these types of cases. You should look for a firm that has experience in this field and is on contingency, which means you don't pay anything until you are successful. Also, you should look for a lawyer who has excellent negotiation and communication abilities. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

A variety of birth defects cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. Often, these conditions are genetic, however some of them may be caused by chemical or environmental exposure, or medications that the mother was taking during pregnancy.

Drug makers are required to test their products thoroughly and inform the public of any potential dangers. Unfortunately certain pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate possible side consequences. Certain doctors prescribe dangerous drugs to their patients. Some women aren't aware of the dangers associated with taking certain drugs while pregnant. These medications are referred to as teratogens, and they can cause birth defects in the fetus including spina Bifida.

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

It is crucial to gather as all evidence you can prior to making a claim against the parties accountable. This includes ultrasound scans, blood tests and medical bills that arise because of the birth defect. This helps the attorney establish the value of the case.

Product Liability

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

Medical experts aren't always able determine the causes of birth defect lawyer defects, but 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, and agricultural chemicals used for pesticides and crop spraying.

The pharmaceutical companies and those who prescribe medications must also warn the public about the risks. A large number of these drugs are offered to women who are pregnant without warnings of the potential for birth defects. This is particularly relevant for antidepressants like 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 where birth defects result from exposure to toxic chemicals by parents such as those that are employed in semiconductor manufacturing or agricultural. He graduated from the American University in Washington, D.C., and Suffolk University Law School.