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Birth Defect Litigation

Certain injuries are beyond the parents in their control. If injuries that result from these accidents require special medical attention and expensive procedures, it can cause families to incur huge costs.

A New York birth defect lawyer can assist parents who are shocked to file an action and receive compensation to cover future expenses. The law has strict time limitations on when a claim can be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks associated with pregnancy and childbirth. However birth defects and injuries still occur. If they're preventable families should consider their legal options.

Many birth defect suits are based on claims of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any time during labor and birth procedures. Additionally medical professionals may be guilty of medical malpractice following a child's birth in the event that they fail to provide the proper treatment.

In general, the statutes of limitations in these cases is 2.5 years after the date of the medical error. For infants, this can be extended. It is essential to speak with an attorney whenever you can to ensure that all the evidence is collected and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects caused by improper toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can examine these claims and bring them to trial on behalf of the family.

Parents should think about the following characteristics when choosing an attorney to represent their interests in a lawsuit filed for birth injury or defect:

Medical Malpractice

Birth defects can lead to various mental and physical ailments. Certain birth defects could be fatal. Some of these issues may be genetic while others are triggered by exposure to environmental factors or prescription drugs taken during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defects by their actions or inaction. The most common cases involve medical negligence during labor or delivery. They can also include any act of failure to perform a task that is not within the standard of medical care, for example the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

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

It is vital to choose an attorney with previous experience in these cases. Choose a law firm that has a specialization in this area and works on an hourly basis, which means you don't have to pay any fees unless you are successful. Also, search for a lawyer who has excellent negotiation and communication skills. This will help to ensure that you make your claim in time before the time limit expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities, that require costly medical treatment and accommodations for the child. These problems are usually genetic, but can also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.

Drug manufacturers are required to adequately test their products and warn consumers about any risks. Unfortunately, some pharmaceutical companies do not keep up with research or foresee potential side consequences. Certain doctors prescribe dangerous drugs to their patients. Some women are not aware of the risks of taking certain drugs while pregnant. These drugs are known as teratogens, and they can cause birth defects within the fetus including spina Bifida.

Other substances that may cause birth defects include chemicals that are used in manufacturing and agriculture as well as heavy metals such as mercury that are contaminating groundwater and air. Diane Paolicelli's legal career has been dedicated to fighting powerful corporations who expose women to harmful chemicals and substances that could damage their reproductive health or cause Birth Defect law Firms defects.

It is important to collect as much evidence as you can before filing a lawsuit against the parties responsible. Included in this are any ultrasound images and blood tests as well as medical bills that are incurred due to. This assists the attorney in determining the worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful events in a woman's lifetime. But it's also a period where medical professionals often make mistakes that can cause birth defects. A reputable attorney can assist parents in submitting claims and getting the compensation they deserve against those who are responsible for the impairment of their child.

Although the causes of birth defects are typically not understood by medical professionals but a large proportion of birth defects can be attributed to exposure to chemicals or environmental factors. This could include exposure of parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in crop spraying and pesticides.

In addition, manufacturers and those who prescribe prescription medicines have a responsibility to warn patients of the risks. However, a lot of these drugs are sold off-label to women who are pregnant age without warnings regarding the risk of birth defects. This is especially true for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects are caused by exposure to toxic chemicals in the home by parents such as those used in semiconductor manufacturing or agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.