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Birth Defect Litigation

Parents want their children to be perfect however, there are some injuries that occur out of their control. If injuries that result from these accidents require special treatment and costly procedures, it could leave families with huge expenses.

A New York birth defect attorney can assist parents shocked to file an action to receive compensation for future expenses. However, the law puts strict deadlines on when a claim must be filed.

Statute of Limitations

Modern technology and medical advancements have reduced the risks related to pregnancy, childbirth and birth. Birth defects and injuries continue to occur. Families need to consider their legal options if they are preventable.

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

Generally, the statute of limitations in these cases is generally 2.5 years from the date of the occurrence of medical malpractice. The time limit is extended for infants. It is important to consult an attorney immediately to ensure that all evidence is gathered and that a timely complaint can be filed.

A lawsuit can be filed on behalf of a child for birth defects caused by chemical and toxic exposures during pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.

When selecting an attorney for a birth defect or birth injury lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can cause a wide range of physical or mental problems. Some may even be fatal. Some of these issues could be genetic and others may be caused by environmental exposures or prescription medications taken during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects as a result of their actions or inaction. These cases typically are caused by medical negligence during labor or delivery. However, they can also include any act or failure to act that is in violation of a medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One of these cases involves the teratogens. These drugs can cause birth defects that are serious. During pregnancy, doctors typically advise women to avoid taking this medication, which is commonly used in the treatment of seizures. If the woman is exposed to the drug she must submit an action.

It is vital to select an attorney who has previous experience in these cases. Find a firm that has a specialization in this area and operates on the basis of a contingent fee, which means you won't have to pay a dime unless you get the case won. Look for an attorney who has excellent communication and negotiation skills. This can help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

A variety of birth defect lawyer defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. These disorders are usually genetic, but can also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.

Pharmaceutical companies are required to ensure that their products are tested properly and inform the public about any potential risks. Unfortunately, some pharmaceutical companies do not keep up with the latest research or fail to anticipate possible side consequences. In addition, doctors can prescribe dangerous drugs to patients as well as some women do not get proper information about the dangers of taking certain drugs during pregnancy. These are known as teratogens and can cause birth defects in the fetus including spina Bifida.

Other substances that can cause birth defects include chemicals used in agriculture and manufacturing, as well as heavy metals, like mercury that are contaminating groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that harm their reproductive health and cause birth defects.

It is crucial to gather as many evidences as you can before filing a lawsuit against the party responsible. Included in this are any ultrasound images, blood tests, and medical bills incurred as a result. This will help the attorney determine the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful experiences a woman can go through in her life. It's also a time where medical professionals make mistakes that cause birth defects. An experienced attorney can assist parents file a claim against those who are responsible for their child's disabilities and receive the proper compensation they're entitled to.

While the causes of birth defects are generally not understood by medical professionals but a large proportion of birth defects can be linked to environmental or chemical exposure. This can be due to 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 crops and pesticides.

In addition, the manufacturer and those who prescribe prescription drugs are required to inform people about the risks. Yet, a large percentage of these drugs are marketed off-label to women of childbearing age without adequate warnings about the potential for birth defects. This is especially true 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 result from exposure to toxic chemicals by parents like those employed in the manufacture of semiconductors or in agriculture. He graduated of the American University in Washington, D.C. and Suffolk University Law School.