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Birth Defect Litigation

Parents want perfect babies, but some injuries happen outside of their control. Families could be faced with a large bill when injuries require expensive procedures and special treatment.

A New York birth defect attorney can help parents in shock to file a claim to get compensation for future expenses. However, the law places strict deadlines for when a claim needs to be filed.

Statute of Limitations

Modern technology and medical advances have aided in reducing the risks that are associated with childbirth, pregnancy 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 claims of medical malpractice. These cases can involve errors made by nurses or doctors at any time during the labor and birth procedures. Medical professionals can also be negligent after the birth of a baby when they fail to provide the proper treatment.

In general, the statutes of limitations in these cases is 2.5 years after the date of the medical malpractice. For infants this period may be extended. It is important to consult an attorney as soon as you can to ensure that all evidence is collected, and that a timely complaint be filed.

In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defects resulting from improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Lawyers specially trained in birth defects 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 lawsuit for birth defects or injuries:

Medical Malpractice

Birth defects can cause an array of mental or physical issues. Some birth defects can cause death. Some of these issues could be genetic, while others are caused through exposure to the environment or prescription medications taken during pregnancy.

A medical professional or doctor could be accused of misconduct if they cause birth defect lawsuit defects through their actions or inaction. These cases usually are due to medical negligence during labor or delivery. However, they may also include any act or inability to act that is in violation of the medical standard of care, like failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example of case involves a medication called teratogens. This medication can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug, she must file an insurance claim.

It is important to select an attorney with experience handling these types of cases. You should seek out an attorney who has expertise in this area and is based on contingency, meaning that you won't have to pay anything until you are successful. Also, look for an attorney who has strong negotiation and communication skills. This will help to ensure that you submit your claim before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, that require expensive medical treatment and accommodations for the child. Most of the time, these issues are genetic, however some of them are caused by environmental or chemical exposure or medication that the mother was taking during pregnancy.

Drug manufacturers have an obligation to test their products thoroughly and inform consumers of any risks. Unfortunately some pharmaceutical companies do not keep up with the latest research or foresee potential side consequences. Additionally, doctors can prescribe dangerous drugs to their patients and some women do not receive the correct information regarding the risks associated with taking certain medications during pregnancy. These medications are referred to as teratogens. They can cause birth defects in the fetus. This includes spina Bifida.

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

It is crucial to collect as many evidences as you can before making a claim against the party responsible. Included in this are ultrasound images, blood tests, and medical bills incurred as a result. This will help the attorney determine the monetary worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking events in a woman's lifetime. It's also a time when many medical professionals make mistakes that can cause birth defects. A top attorney can assist parents in filing an appeal and gaining the amount they deserve from those who are responsible for the impairment of their child.

While the causes of birth defects are generally unknown to medical professionals but a large proportion of birth defects can be attributed to exposure to chemicals or environmental factors. This could include exposure of parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

Manufacturers and those who prescribe medications are also required to warn people about the dangers. However, a significant portion of these drugs are offered off-label to women who are pregnant age without warnings regarding the risk of birth defects. This is especially applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuit defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases involving the development of birth defects due to parental exposure to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.