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Birth Defect Litigation

Parents want perfect children however, there are some injuries that occur beyond their control. Families can be left with a huge bill when injuries require expensive procedures and special care.

A New York birth defect lawyer can assist parents who are stunned to file an action and receive compensation to cover the cost of future expenses. The law has strict time limits on when claims can be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries can still occur. If they're preventable families need to explore their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors at any point during the birth, labor and delivery procedures. Additionally, medical professionals can commit medical malpractice after the birth of a baby when they fail to provide proper treatment.

Generally speaking, the time-limit for these cases is 2.5 years from the date of the incident of medical negligence. This time frame is extended for infants. However, it is important to seek legal counsel as soon as you can to ensure that all evidence is collected and that a timely claim be filed.

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

Parents should be aware of the following qualities when selecting an attorney to represent them in a lawsuit for birth defects or birth injuries:

Medical Malpractice

Birth defects can cause many mental or physical issues. Some birth defects can cause death. Some of these issues are inherited, while others are caused by exposure to the environment or the use of prescribed drugs during pregnancy.

A medical professional or doctor could be convicted of malpractice if they cause a birth defect through their actions or inaction. These cases usually are based on medical negligence during labor or delivery. They can also be a result of any act of failure to act which falls below a standard of medical treatment, for instance failing to recognize an illness or prescribing incorrect medication during pregnancy.

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

It is important to choose an attorney who has handled these kinds of cases. You should seek out a firm that has extensive experience in this field. It also is on contingency, which means you won't have to pay anything until you win. Also, look for a lawyer who has excellent communication and negotiation abilities. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, which require costly medical care and accommodations for the child. These problems are usually genetic, but they can also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.

Pharmaceutical companies are required to test their products properly and warn the public of any potential risks. Sadly, some pharmaceutical companies fail to keep up with the latest research or anticipate potential side effects. Additionally, doctors can prescribe dangerous drugs to patients and some women do not have adequate information about the dangers of taking certain medications during pregnancy. These drugs are known as teratogens. They can cause birth defects in the fetus including spina bifida.

Other substances that could cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury that pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and other substances that cause harm to their reproductive health and cause birth defects.

When bringing a lawsuit against the parties responsible for your child's condition It is crucial to gather as much evidence as you can. This includes any ultrasound images, blood tests, and medical bills that arose due to the birth defect. This information assists the attorney determine the worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking moments in a woman's life. It's also a time when medical professionals can make mistakes that could lead to birth defects. A top attorney can help parents make a claim against those responsible for their child's condition and get the amount of compensation they deserve.

Although the causes of birth defects are generally unknown to medical experts but a large proportion of birth defects are linked with exposure to chemicals or the environment. This can include exposure by parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

In addition, the manufacturer and those who prescribe prescription medicines must inform consumers of the dangers. However, a lot of these medications are sold off-label to women of childbearing age, without warnings about the possibility of 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 chemical and pharmaceutical companies. His practice is centered around cases involving the occurrence of birth defects that result from exposure of parents to toxic chemicals, including those in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C. and Suffolk University Law School.