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Birth Defect Litigation

Some injuries are beyond the parents' control. When injuries require specialized treatment and expensive procedures, it can result in huge costs for families.

A New York birth defect attorney can help parents in shock file claims to obtain compensation for future expenses. However, the law has strict deadlines on when a claim must 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 continue to occur. Families should consider their legal options when they are preventable.

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

In general, the statutes of limitations in these cases is 2.5 years from the date of the medical mistake. This time frame is extended for infants. It is essential to speak with a lawyer whenever you can to ensure that all evidence is gathered and that a timely complaint can be filed.

A lawsuit may be filed on behalf of a baby for birth defects that are caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit, parents should look for the following qualities:

Medical Malpractice

Birth defects can lead to various mental and physical issues. Some of them can be fatal. Some of these issues are inherited, whereas others are caused by exposure to environmental factors or the use of prescription medications during pregnancy.

A medical professional or doctor may be accused of negligence in the event of causing a birth defect through their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they can also comprise any act or failure to act that is not in the range of the medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example of situation involves a drug called teratogens, which can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug then she must file an action.

It is important to select an attorney who has handled these kinds of cases. Look for a law firm that is experienced in this area and works on an hourly basis, which means you don't have to pay any fees unless you win. Additionally, you should choose a lawyer who has excellent negotiation and communication skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defect attorneys defects can cause mental or physical disabilities that require costly medical treatment and accommodations for the child. Often, these conditions are genetic, however some of them are caused by environmental or chemical exposure, or by medications the mother was taking during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and warn consumers of any risks. Sadly certain pharmaceutical companies do not keep up with research or anticipate potential side consequences. Some doctors recommend dangerous drugs to their patients and some women are not informed about the risks associated with taking certain medications during pregnancy. These medications are referred to as teratogens and could cause birth defects in the fetus. This includes spina bifida.

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

It is important to collect as much evidence as you can before filing a suit against the party responsible. This includes blood tests, ultrasound images, and medical bills that came up because of the birth defect. This information assists the attorney determine the value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking events in a woman's lifetime. But it's also a period when many medical professionals make mistakes that can cause birth defects. An experienced attorney can help parents in filing claims and getting the compensation they deserve against those who are responsible for the impairment of their child.

Medical professionals aren't always able to pinpoint the specific cause of birth defects, however the majority of them can be due to environmental or chemical exposure. This can include parental contact with toxic chemicals at the workplace, like glycolethers and solvents utilized in semiconductor manufacturing and agricultural chemicals used for pesticides and crop spraying.

The manufacturers and the people who prescribe medicines are also obliged to inform the public about the risks. A large number of these drugs is marketed to women who are expecting without warnings of the potential for birth defect. This is particularly applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits (http://line04.co.kr/) against chemical and pharmaceutical companies. His practice is centered around cases where birth defects are caused by exposure to toxic chemicals by parents, such as those used in the manufacture of semiconductors or in agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.