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Birth Defect Litigation

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

A New York birth defect attorney can help parents grieving and Birth defect Lawsuits file an appeal to be compensated for future expenses. The law has strict time limits on when a claim may be filed.

Statute of Limitations

Modern technology and medical advances have aided in reducing the risks associated with pregnancy, childbirth and birth. Birth defects and injuries do persist. Families need to consider their legal options when they are preventable.

Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing staff at any point during labor, pregnancy and birth. Medical professionals can also be guilty of malpractice following the birth of a baby when they fail to provide the proper treatment.

Generally, the time limit for these cases is 2.5 years from the date of the incident of medical malpractice. The time frame may be extended for infants. However, it is important to seek legal counsel early enough to ensure that all evidence is collected and that a timely claim can be filed.

In addition to medical malpractice, a suit could also be filed on behalf of an infant for birth defects caused by wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can examine the claims and then prosecute them on behalf of the family.

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

Medical Malpractice

Birth defects can lead to a variety of physical and mental problems. Certain birth defects can be fatal. Some of these issues may be genetic while others are triggered by exposure to environmental factors or prescription medications used during pregnancy.

A doctor or medical professional may be accused of negligence in the event of causing birth defects through their actions or inaction. These cases typically are due to medical negligence during labor or delivery. They can also be a result of any be in compliance with a standard of medical care, such as, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of case is a medication called teratogens, which can cause serious birth defects. In the course of pregnancy, doctors generally advise women to stay clear of this medication, which is utilized in the treatment of seizures. If a pregnant woman is exposed to this medication, she must make a claim.

It is important to select an attorney who has experience in handling these kinds of cases. Find a firm that is specialized in this area, and works on an on a contingency basis, meaning you don't pay anything unless you win. Also, you should look for a lawyer with strong negotiation and communication skills. This can help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects lead to physical or mental disabilities, birth defect lawsuits 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 manufacturers have an obligation to test their products thoroughly and warn consumers of any risks. Unfortunately certain pharmaceutical companies do not keep up with research or anticipate the potential adverse effects. Moreover, doctors may prescribe dangerous medications to their patients and some women do not receive adequate information on the risks of taking certain drugs during pregnancy. These drugs, also known as teratogens, may cause birth defects, including spina-bifida that can occur in the fetus.

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

It is crucial to collect as many evidences as you can before filing a suit against the parties responsible. Included in this are ultrasound images and blood tests as well as medical bills incurred as a result. This will help the attorney determine the financial value of the case.

Product Liability

Pregnancy is among the most exciting, but anxiety-inducing experiences in women's lives. However, it's also a time when many medical professionals make mistakes that can cause birth defects. A top attorney can assist parents in submitting claims and getting the compensation they deserve from those who are responsible for the impairment of their child.

While the causes of birth defects are usually unknown to medical professionals however, a significant proportion can be linked to environmental or chemical exposure. This could include contact from parents with toxic chemicals in the workplace, like glycol ethers and solvents used in semiconductor manufacturing as well as chemical pesticides used in agriculture and spraying of crops.

The pharmaceutical companies and those who prescribe medicines are also obliged to inform the public about the risks. A large portion 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, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases where birth defects are caused by exposure to toxic chemicals by parents, such as those employed in the manufacture of semiconductors or in agriculture. He is a graduate from the American University in Washington, D.C. and Suffolk University Law School.