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Birth Defect Litigation

Parents want their children to be perfect However, some injuries occur beyond their control. When these injuries require special treatment and expensive procedures, it can cause families to incur huge costs.

A New York birth defect lawyer can assist parents in filing claims and receive compensation to cover future costs. However, the law places strict deadlines when a claim must be filed.

Statute of limitations

Modern technology and medical advances have made it possible to reduce the risks associated with childbirth, pregnancy and birth. However birth defects and injuries continue to occur. Families need to explore their legal options when they are preventable.

Many birth defect lawsuits are based on allegations of medical malpractice that occurred. These lawsuits can be based on mistakes made by nurses or doctors at any time during the labor and birth processes. Medical professionals can also be negligent following the birth of a baby by failing to provide the correct treatment.

In general, the statutes of limitation for these cases is 2.5 years after the date of the medical negligence. The time frame is extended for infants. But, it is crucial to seek legal advice immediately to ensure that all evidence has been collected and that a timely claim can be filed.

A lawsuit may 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.

Parents should consider the following aspects when choosing an attorney to represent them in a suit for birth defect or injury:

Medical Malpractice

Birth defects can cause an array of physical or mental problems. Some birth defects may be fatal. Some of these issues are genetic, but others are due to environmental exposures or the use of prescription drugs during pregnancy.

A doctor or medical professional may be accused of malpractice when they cause birth defects through their actions or inaction. These cases typically are due to medical negligence during delivery or labor. They can also include any act of failure to act which falls below a standard of medical care, for example not diagnosing an illness or prescribing the wrong medication during pregnancy.

One example involves the teratogens. These medications can lead to birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must submit an insurance claim.

It is essential to select an attorney who has experience in handling these types of cases. Choose a law firm that has a specialization in this field and operates on a contingency basis, so you won't have to pay a dime unless you are successful. Also, look for a lawyer with strong communication and negotiation abilities. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

Drug manufacturers are required to test their products properly and inform the public of the potential dangers. Sadly some pharmaceutical companies fail to keep up with research or anticipate possible side consequences. Moreover, doctors may prescribe dangerous medications to their patients and women may not have adequate information about the dangers of taking certain drugs during pregnancy. These drugs, referred to as teratogens may cause birth defects such as spina-bifida in the fetus.

Other substances that could cause birth defect attorney defects include chemicals used in agriculture and manufacturing as well as heavy metals like mercury, which are contaminating the air or groundwater. Diane Paolicelli's career in law has been dedicated to fighting powerful corporations who expose women to toxic substances and chemicals that can harm their reproductive health or lead to birth defects.

It is crucial to gather as all evidence you can prior to making a claim against the party responsible. This includes any ultrasound scans, blood tests, and medical bills that came up as a result of the birth defect. This helps the attorney establish the monetary worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet nerve-wracking experiences in a woman's lifetime. However, it's also a time where medical professionals often make mistakes that can lead to birth defect lawyers defects. An experienced attorney can help parents in submitting an appeal and gaining 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, a significant number are linked to environmental or chemical exposure. This can include parental exposure to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.

In addition, manufacturers and the people who prescribe prescription medications have a responsibility to warn consumers of the dangers. A large number of these drugs is marketed to pregnant women without warnings of the possibility of birth defect. 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 pharmaceutical and chemical companies. He focuses his practice on cases where birth defects are caused by exposure to toxic chemicals by parents like those employed in the manufacture of semiconductors or in agriculture. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.