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Birth Defect Litigation

Parents want perfect babies, but some injuries happen outside their control. If injuries that result from these accidents require special care and costly procedures, it can cause families to be faced with massive costs.

A New York birth defect attorney can help parents who are shocked to file claims to obtain compensation for future expenses. However, the law has strict time limitations on the time a claim has to be filed.

Statute of Limitations

Modern medical technology and advances have aided in reducing the risks associated with pregnancy, childbirth and birth. However birth defects and injuries still occur. Families need to consider their legal options when they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases may involve mistakes made by nurses or doctors at any time during labor and birth processes. Additionally, medical professionals can commit medical malpractice after a child's birth if they fail to provide proper treatment.

In general, the statutes of limitations for these cases is 2.5 years from the date of the medical negligence. For infants, the time can be extended. It is nevertheless important to seek legal counsel as soon as you can to ensure that all evidence has been 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 resulting from improper toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defects lawyers can investigate the claims and then prosecute them 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 lead to a wide range of physical or mental problems. Certain birth defects can be fatal. Certain of these problems could be caused by genetics while others are caused by environmental exposures or prescription drugs taken during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects by their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they may also comprise any act or failure to act that falls short of the medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One example is involving Teratogens. These drugs can cause serious birth Defect law firms (http://shalomsilver.kr/bbs/board.php?bo_table=free&wr_id=150498) defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug she must submit an action.

It is important to choose an attorney with experience handling these kinds of cases. Find a firm that specializes in this area and works on an hourly basis, which means you don't pay anything unless you are successful. Also, search for a lawyer with strong communication and negotiation skills. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities that require costly medical treatment and accommodations for the child. Most of the time, these issues are genetic, but some can be caused by chemical or environmental exposure or medication that the mother took while pregnant.

Drug manufacturers are required to adequately test their products and warn consumers of any potential risks. Unfortunately some pharmaceutical companies do not keep up to date with the latest research or fail to anticipate potential side effects. In addition, doctors can prescribe dangerous drugs to patients and some women do not get proper information about the risks associated with taking certain drugs during pregnancy. These medications are referred to as teratogens, and they can cause birth defects within the fetus, including spina Bifida.

Other substances that may cause birth defects are chemicals employed in the production and agricultural industries as well as heavy metals like mercury that are contaminating groundwater or air. Diane Paolicelli's legal career is dedicated to fighting powerful corporations who expose women to toxic chemicals and substances that may harm their reproductive health or cause birth defects.

When bringing lawsuits against the people responsible for your child's condition It is crucial to gather as much evidence as you can. This includes any ultrasound scans, blood tests, and medical bills that arise because of the birth defect. This information will help the attorney assess the worth of the case.

Product Liability

Pregnancy is among the most exciting and stressful experiences in women's lives. It's also the time that medical professionals are prone to making mistakes that result in birth defects. An experienced attorney can assist parents make a claim against those accountable for their child's handicap and acquire the compensation they deserve.

While the causes of birth defects are usually not understood by medical professionals however, many of them are linked to exposure to chemicals or environmental factors. This could include exposure of parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in spraying for crops and pesticides.

Manufacturers and those who prescribe medication must also warn the public about the risks. Yet, a large percentage of these medications are sold off-label to women of childbearing age without warnings regarding the risk of birth defects. This is particularly true for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases that involve the occurrence of birth defects caused by parental exposure to toxic chemicals, such as those used in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C. and Suffolk University Law School.