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Birth Defect Litigation

Some injuries are beyond the parents of their control. When injuries require specialized medical attention and expensive procedures, it could cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents in filing a claim and get compensation to pay for future expenses. However, the law has strict deadlines on the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advancements have made it possible to reduce the risks associated with pregnancy, childbirth and birth. Birth defects and injuries remain a possibility. When they are preventable, families should consider their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve errors committed by nurses or doctors personnel at any stage of labor, birth and pregnancy. In addition medical professionals can be guilty of medical malpractice after the birth of a baby in the event that they fail to provide proper treatment.

Generally, Birth defect Lawsuits the time-limit for these cases is 2.5 years from the date of the incident of medical negligence. The time limit may be extended for infants. It is crucial to consult a lawyer early enough to ensure that all evidence is gathered, and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

When choosing an attorney for a birth defect or birth defect attorneys injury lawsuit parents should be looking for the following characteristics:

Medical Malpractice

Birth defects can cause a variety of physical and mental problems. Some birth defects can be fatal. Certain of these problems could be genetic, while others are caused through exposure to the environment or prescription medications taken during pregnancy.

A doctor or medical professional may be accused of malpractice when they cause birth defects through their actions or inaction. These cases usually involve medical negligence during labor or delivery. They can also be a result of any act of failure to be in compliance with a standard of medical care, for example not diagnosing an illness or prescribing incorrect medication during pregnancy.

One example of this type of case involves a medication called teratogens. This medication can cause birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug, it is recommended that she make a claim.

It is important to select an attorney with experience handling these kinds of cases. Choose a law firm that is experienced in this area and works on an hourly basis, which means you won't have to pay a dime unless you win. Also, search for a lawyer with strong communication and negotiation abilities. This will ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects cause physical or mental disabilities that require costly medical treatment and accommodations for the child. The majority of these problems are genetically inherited, but some of them are caused by environmental or chemical exposure, or the medications the mother consumed during pregnancy.

Drug makers are required to test their products properly and inform the public of any risks that could be present. Unfortunately certain pharmaceutical companies are not keeping up to date with the latest research or fail to anticipate possible adverse consequences. In addition, doctors can prescribe dangerous medications to their patients as well as some women do not get proper information about the risks associated with taking certain medications during pregnancy. These drugs are referred to as teratogens and may cause birth defects in the fetus. This includes spina Bifida.

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 affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and other substances that affect their reproductive health and lead to birth defects.

If you decide to file lawsuits against the parties that are accountable for birth defect lawsuits your child's health It is crucial to gather the most evidence you can. This includes any ultrasound images, blood tests, and medical bills that arise because of the birth defect. This information can help attorneys determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting and stressful experiences in women's lives. But it's also a period when medical professionals can make mistakes that can lead to birth defects. An experienced attorney can help parents in filing claims and getting the amount they deserve from those responsible for the handicap of their child.

Medical experts are not always able determine the specific cause of birth defects, but most of them can be attributed to chemical or environmental exposure. This can include parental contact with toxic chemicals at the workplace, like solvents and glycol ethers used in semiconductor manufacturing, as well as chemical pesticides used in agriculture and spraying crops.

Additionally, the manufacturers and the people who prescribe prescription medications have a responsibility to inform consumers of the dangers. A large number of these drugs is marketed to women who are pregnant without warnings of the potential for birth defect. This is particularly applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases that involve the occurrence of birth defects due to parental exposure to toxic chemicals such as those used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.