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Birth Defect Litigation

Some injuries are out of the parents' control. Families can be left with a huge bill when injuries require expensive procedures and specialized care.

A New York birth defect attorney can help parents grieving and file a claim to get compensation for future expenses. However, the law has strict deadlines on the time a claim has to be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks of childbirth and pregnancy. However birth defects and injuries still occur. When they are preventable, families must explore their legal options.

Many birth defect lawsuits are made on the basis of claims of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any point during the birth, labor and delivery procedures. Additionally, medical professionals can commit medical malpractice following the birth of a baby if they fail to provide the proper treatment.

Generally speaking, the time-limit for these cases is 2.5 years from when the act was committed of medical malpractice. This time frame can be extended to infants. It is crucial to consult a lawyer whenever you can to ensure that all the evidence is collected, and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects caused by wrongful toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

birth defect lawsuit defects can cause various physical and mental problems. Some of them could be fatal. Some of these problems may be caused by genetics while others are caused through exposure to the environment or prescription drugs used during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects due to their actions or inaction. The majority of these cases are based on medical negligence in labor or delivery. However, they may also include any act or failure to act that is in violation of a medical standard of care, such as failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One such type of situation is a drug called teratogens. This medication can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must make an insurance claim.

It is essential to select an attorney who has handled these kinds of cases. Find a law firm that specializes in this area and works on an on a contingency basis, meaning you don't pay anything unless you succeed. Also, search for an attorney who has strong negotiation and communication skills. This will help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require expensive medical treatment and accommodations for the child. These disorders 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 makers are required to test their products thoroughly and warn consumers about any risks. Sadly certain pharmaceutical companies fail to keep up with the latest research or anticipate possible side effects. In addition, doctors can prescribe dangerous medicines to their patients and women may not receive the correct information regarding the risks associated with taking certain drugs during pregnancy. These drugs, referred to as teratogens, may cause birth defects, such as spina-bifida, in the fetus.

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

If you are filing lawsuits against the people responsible for your child's condition, it is important to gather the most evidence you can. Included in this are any ultrasound images or blood tests, as well as medical bills that are incurred due to. This information assists the attorney assess the value of the case.

Product Liability

Pregnancy is among the most exciting, yet nerve-wracking experiences in the life of a woman. It's also a time when many medical professionals make mistakes that can cause birth defects. A top lawyer can help parents make a claim against those responsible for their child's disability and get the compensation they deserve.

Medical experts aren't always able of determining the causes of birth defects, but a large number can be caused by environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in spraying for crops and pesticides.

Manufacturers and those who prescribe medicines also have a duty to warn people about the dangers. A significant portion of these drugs is marketed to pregnant women without warnings about the possibility 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 defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases involving the occurrence of birth defects due to exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.