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Birth Defect Litigation

Certain injuries are beyond the parents of their control. Families are left with huge debts when these injuries require costly procedures and specialized care.

A New York birth defect attorney can help parents who are grieving and file an action to receive compensation for future expenses. The law has strict time limitations on when claims can be filed.

Statute of Limitations

Modern technology and medical advances have aided in reducing the risks related to pregnancy, childbirth and birth. However, birth defects and injuries still occur. When they are preventable, families need to explore their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve errors committed by nurses or doctors personnel at any stage of labor, pregnancy and birth. Additionally medical professionals may be guilty of medical malpractice after the birth of a baby when they fail to provide proper treatment.

In general, the statutes of limitations for these cases are 2.5 years from the date of the medical malpractice. For infants, this period may be extended. It is nevertheless important to seek legal advice as soon as you can to ensure that all evidence has been collected and that a timely claim can be filed.

In addition to medical malpractice, a suit can also be brought on behalf of a baby for birth defects caused by wrongful toxic and chemical exposures that occur during the mother's pregnancy. Lawyers specially trained in birth defects can examine the claims and then prosecute them on behalf of the family.

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

Medical Malpractice

birth defect lawyers defects can cause an array of physical or mental problems. Some birth defects may be fatal. Some of these issues are caused by genetics, while others are caused by exposure to environmental factors or the use of prescription drugs during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects as a result of their actions or inaction. The majority of these cases are based on medical negligence in delivery or labor. They can also be a result of any act of failure to do something that is below the standard of medical care, such as failing to recognize an illness or prescribing the wrong medication during pregnancy.

One of these cases involves the teratogens. These medications can cause birth defects that are serious. During pregnancy, doctors usually recommend women not to take this medication, which is commonly used in the treatment of seizures. If a woman is exposed to the drug, then she should file an insurance claim.

It is vital to select an attorney who has expertise in these kinds of cases. It is best to choose an attorney with years of experience in this field and operates on contingency basis, which means you don't pay anything until you win. Also, you should look for a lawyer with strong communication and negotiation abilities. This will help ensure that you submit your claim before the time for filing expires.

Prescription Drugs

Many birth defects lead to physical or mental disabilities, that require costly medical treatment and accommodations for the child. These issues are often genetic, but they may also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.

Drug manufacturers are required to ensure that their products are tested properly and warn consumers of any potential risks. Unfortunately some pharmaceutical companies fail to keep up with the latest research or fail to anticipate potential side effects. 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, referred to as teratogens may cause birth defects such as spina-bifida, which is a birth defect in the fe.

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

If you decide to file lawsuits against the parties that are accountable for your child's health, it is important to gather as much evidence as possible. Included in this are ultrasound images and blood tests as well as medical bills that are incurred as a result. This information helps the attorney to determine the 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 medical professionals are prone to making mistakes that lead to birth defects. A top attorney can assist parents in filing a claim and obtaining the compensation they deserve from the people responsible for the disabilities of their child.

Medical experts are not always able to determine the causes of birth defects, however many of them can be caused by environmental or chemical exposure. This can include parental exposure to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.

The manufacturers and the people who prescribe medication also have a duty to inform the public about their risks. However, a lot of these drugs are marketed off-label for women of childbearing age without adequate warnings about the potential for 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 pharmaceutical and chemical companies. His practice focuses on cases involving the development of birth defect attorneys defects due to parental exposure to toxic chemicals, such as those used in semiconductor manufacturing as well as agriculture. He graduated of the American University in Washington, D.C. and Suffolk University Law School.