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Birth Defect Litigation

Certain injuries are beyond the parents of their control. When these injuries require special treatment and costly procedures, it could result in huge costs for families.

A New York birth defect lawyer can assist parents in filing claims and receive compensation to pay for future expenses. The law has strict deadlines on when claims can be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce risks related to pregnancy, childbirth and birth. However, birth defects and injuries do occur. If they're preventable, families must consider their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors at any time during the pregnancy, labor and delivery processes. Additionally medical professionals can be guilty of medical malpractice following the birth of a child, in the event that they fail to provide the proper treatment.

Generally speaking, the statute of limitations in these cases is generally 2.5 years from when the act was committed of medical negligence. For infants this period can be extended. It is essential to talk with an attorney immediately to ensure that all evidence is collected and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects resulting from improper toxic and chemical exposures that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.

Parents should consider the following factors when choosing an attorney to represent them in a lawsuit for birth defects or injuries:

Medical Malpractice

Birth defects can trigger many mental or physical problems. Some birth defects can be fatal. Some of these issues could be caused by genetics while others are triggered by exposure to environmental factors or prescription drugs used during pregnancy.

A medical professional or doctor may be accused of negligence in the event of causing birth defects through their actions or inaction. These cases typically are based on medical negligence in delivery or Birth defects labor. However, they can also include any act or failure to act that falls short of a medical standard of care, like failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One instance of situation involves a drug called teratogens, which can cause serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should file an insurance claim.

It is vital to choose an attorney with expertise in these kinds of cases. Choose a law firm that has a specialization in this area and operates on an on a contingency basis, meaning there is no cost unless you succeed. Additionally, you should choose a lawyer who has excellent communication and negotiation skills. This can help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require costly medical care and accommodations for the child. Most often, these disorders are inherited, but a few of them may be caused by chemical or environmental exposure, or by medications the mother took while pregnant.

Drug manufacturers are required to thoroughly test their products and inform consumers of any risks. Unfortunately certain pharmaceutical companies do not keep up-to-date with current research or fail to anticipate potential adverse consequences. Moreover, doctors may prescribe dangerous medicines to their patients and women may not have adequate information about the dangers of taking certain medications during pregnancy. These medications are referred to as teratogens, and they can cause birth defects in the fetus. This includes spina Bifida.

Other substances that could cause birth defects are chemicals used in the manufacturing and birth defects agricultural industries, as well as heavy metals like mercury, which pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and substances that cause harm to their reproductive health and cause birth defects.

It is important to collect as much evidence as you can before making a claim against the responsible parties. Included in this are any ultrasound images as well as blood tests and medical bills that are incurred due to. This assists the attorney in determining the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but nerve-wracking experiences in a woman's lifetime. But it's also a time where medical professionals often make mistakes that could lead to birth defects. A top lawyer can help parents bring a lawsuit against those responsible for their child's condition and obtain the proper compensation they're entitled to.

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

In addition, the manufacturer and the people who prescribe prescription medications must inform consumers of the dangers. Yet, a large percentage of these medications are sold off-label to women of childbearing age, without warnings about the potential for birth defects. This is especially the case with antidepressants such as 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 is centered around cases involving the occurrence of birth defects that result from parental exposure to toxic chemicals, which includes the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.