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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 could result in huge costs for families.

A New York birth defect attorney (nowwedws.com) can assist parents in shock to file a claim to get compensation for future expenses. However, the law has strict deadlines on when a claim should be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks associated with childbirth and pregnancy. However, birth defects and injuries continue to occur. Families should consider their legal options when they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases can involve mistakes committed by nurses or doctors staff at any point during labor, birth and pregnancy. Medical professionals may also be guilty of malpractice following the birth of a baby if they fail provide proper treatment.

In general, the statutes of limitation for these cases are 2.5 years after the date of the medical negligence. For infants, the time can be extended. It is essential to talk with an attorney whenever you can to ensure that all the evidence is collected, and that a timely complaint be filed.

A lawsuit can be filed on behalf of a child in relation to birth defects caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can lead to a variety of mental and physical issues. Certain birth defects could be fatal. Certain of these problems could be caused by genetics while others are caused through exposure to the environment or prescription medications used during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects through their actions or inaction. These cases typically are caused by medical negligence during labor or delivery. They may also involve any 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 is a drug called teratogens, which can cause serious birth defects. When pregnant, doctors usually recommend women not to take this medication, which is utilized in the treatment of seizures. If women are exposed to the drug, then she should submit an action.

It is important that you select an attorney with previous experience in these cases. It is best to choose an attorney with experience in this field and operates on contingency basis, which means you won't have to pay any fees until you win. Also, look for an attorney with excellent communication and negotiation abilities. This will help ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to test their products thoroughly and warn the public of the potential dangers. Unfortunately many pharmaceutical companies fail to keep up with the latest research or anticipate the potential adverse consequences. Some doctors prescribe dangerous drugs to their patients and some women are not aware of the dangers associated with taking certain medications while pregnant. These drugs are referred to as teratogens and can cause birth defects in the fetus. This includes spina bifida.

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

It is crucial to collect as the evidence you can prior to filing a suit against the parties responsible. Included in this are ultrasound images or blood tests, as well as medical bills incurred as a result. This assists the attorney in determining the financial worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but nerve-wracking experiences in a woman's lifetime. It's also the time when many medical professionals can make mistakes that lead to birth defects. A reputable attorney can assist parents in submitting claims and getting the amount they deserve from the people responsible for the disabilities of their child.

While the causes of birth defects are generally not understood by medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental causes. This can include exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.

Manufacturers and those who prescribe medications are also required to inform the public about their risks. A majority of these drugs are offered to women who are pregnant, without warnings of the potential for birth defects. This is especially true for antidepressants such as Prozac and Zoloft.

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