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Birth Defect Litigation

Parents want their children to be perfect, but some injuries happen out of their control. Families could be faced with a large bill when injuries require costly procedures and specialized care.

A New York birth defect attorney can assist parents in shock file claims to obtain compensation for future expenses. However, the law imposes strict deadlines on the time a claim has to be filed.

Statute of limitations

Modern medical technology and advances have helped to reduce risks that are associated with childbirth, pregnancy and birth. However birth defects and injuries can still occur. If they can be prevented, families should consider their legal options.

Many birth defect suits are stemming from claims of medical malpractice. These cases could involve mistakes committed by nurses or doctors staff at any time during labor, pregnancy and birth defect attorneys. Medical professionals can also be negligent following the birth of a child by failing to provide the correct treatment.

Generally, the time limit for these cases is 2.5 years from the date of the act of medical malpractice. For infants, this time can be extended. However, it is important 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 can also be filed on behalf of an infant for birth defects caused by improper toxic and chemical exposures that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases on behalf of the family.

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

Medical Malpractice

Birth defects can cause various mental and physical ailments. Some may even be fatal. Some of these issues may be caused by genetics while others are caused by exposure to environmental factors or prescription drugs taken during pregnancy.

A doctor or medical professional could be accused of misconduct if they cause a birth defect through their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they can also include any act or inability to act in excess of the medical standard of care, like failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One example of situation involves a drug known as teratogens, which could cause birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug she must file an action.

It is essential to select an attorney who has handled these kinds of cases. You should choose a firm with expertise in this area and operates on contingency basis, which means you don't pay anything until you win. Also, search for a lawyer with strong negotiation and communication abilities. This will ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

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

Drug makers are required to thoroughly test their products and inform consumers of any potential risks. Sadly, some pharmaceutical companies do not keep up with the latest research or anticipate the potential adverse consequences. In addition, doctors can prescribe dangerous drugs to patients, and some women do not have adequate information about the dangers of taking certain medications during pregnancy. These drugs are referred to as teratogens and could cause birth defects in the fetus, such as spina Bifida.

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

It is crucial to gather as much evidence as you can prior to filing a lawsuit against the parties accountable. Included in this are any ultrasound images, blood tests, and medical bills incurred due to. This helps the attorney establish the financial value of the case.

Product Liability

Pregnancy is among the most exciting and anxious experiences of women's lives. It's also the time that many medical professionals can make mistakes that cause birth defects. A top lawyer can help parents to file a claim against the medical professionals responsible for their child's condition and acquire the amount of compensation they deserve.

Medical professionals aren't always able of determining the specific cause of birth 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 solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for spraying for crops and pesticides.

Manufacturers and those who prescribe medications also have a duty to warn the public about the risks. However, a significant portion of these medications are sold off-label to women of childbearing age without proper warnings about the risk of 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 defects lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases where birth defects are caused by parental exposure to toxic chemical, such as those employed in semiconductor manufacturing or farming. He graduated from American University in Washington, D.C. and Suffolk University Law School.