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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. Families are left with a large bill when injuries require costly procedures and special care.

A New York birth defect lawyer can assist parents who are stunned to file an appeal and obtain compensation to cover 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 associated with pregnancy and childbirth. Birth defects and injuries do remain a possibility. If they can be prevented, families must consider their legal options.

Many birth defect lawsuits are stemming from allegations of medical malpractice that occurred. These lawsuits can be based on mistakes made by doctors or nurses at any time during the pregnancy, labor and delivery procedures. In addition medical professionals may be guilty of medical malpractice following the birth of a child in the event that they fail to provide the proper treatment.

Generally, the time-limit for these cases is 2.5 years from the date of the occurrence of medical negligence. For infants, this time period may be extended. However, it is important to seek legal counsel as soon as possible to ensure that all evidence is 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 toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

When selecting an attorney for a birth injury or defect lawsuit parents should consider the following characteristics:

Medical Malpractice

Birth defects can cause numerous mental or physical ailments. Some may even be fatal. Some of these problems are inherited, whereas others are caused by environmental exposures or the use of prescribed drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects due to their actions or inaction. These cases are usually based on medical negligence in labor or delivery. However, they could also be a result of any action or failure to act that is in violation of a medical standard of care, like failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One instance of case involves a medication called teratogens. This medication can cause birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug, she must submit an action.

It is important to choose an attorney with experience handling these types of cases. You should seek out an attorney who has expertise in this area and is on contingency, which means you don't have to pay anything until you win. Also, search for a lawyer who has excellent communication and negotiation abilities. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

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

Drug manufacturers are required to test their products thoroughly and warn consumers about any risks. Sadly some pharmaceutical companies do not keep up with the latest research or anticipate potential side consequences. Some doctors recommend dangerous drugs to their patients, and some women are not aware of the risks of taking certain medications while pregnant. These drugs, also known as teratogens can cause birth defects such as spina-bifida, which is a birth defect in the fe.

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

It is crucial to gather as all evidence you can before filing a lawsuit against the parties responsible. This includes any ultrasound images, blood tests, and medical bills that came up because of the birth defect. This assists the attorney in determining the value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. But it's also a time where medical professionals often make mistakes that could cause birth defects. A top lawyer can help parents file a claim against those who are responsible for their child's disabilities and receive the compensation they deserve.

While the causes of birth defects are typically unknown to medical experts however, a significant proportion can be attributed to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals in the workplace, like glycol ethers and solvents used in semiconductor manufacturing, as well as agricultural chemicals for pesticides and spraying crops.

The pharmaceutical companies and those who prescribe medication are also obliged to warn people about the dangers. Yet, a large percentage of these drugs are sold off-label to women of childbearing age without proper warnings about the risk of birth defects. This is especially relevant 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. His practice is centered around cases involving the occurrence birth defects that result from exposure of parents to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.