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Birth Defect Litigation

Certain injuries are beyond the parents or their control. Families can be left with a large bill when injuries require expensive procedures and special treatment.

A New York birth defect attorney can help parents who are in shock to file an action to receive compensation for future expenses. However, the law has strict time limitations on when a claim must be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce risks that are associated with childbirth, pregnancy and birth. However, birth defects and injuries can still occur. If they're preventable families must explore their legal options.

Many birth defect suits are based on claims of medical malpractice. These cases may involve mistakes made by doctors or nurses at any point during the labor and delivery procedures. Medical professionals can also be guilty of malpractice following the birth of a baby by failing to provide the correct treatment.

In general the statute of limitations in these cases are 2.5 years after the date of the medical mistake. The time frame is extended for infants. It is important to consult an attorney whenever you can to ensure that all the 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 occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

Parents should think about the following aspects when choosing an attorney to represent them in a lawsuit involving birth defects or injuries:

Medical Malpractice

Birth defects can cause various mental and physical ailments. Some of them may even be fatal. Certain of these problems could be caused by genetics while others are caused by exposure to environmental factors or prescription medications taken during pregnancy.

A doctor or medical professional could be accused of malpractice in the event of causing a birth defect through their actions or inaction. These cases are usually based on medical negligence during labor or delivery. However, they can also comprise any act or failure to act that falls short of a medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example is involving Teratogens. These drugs can result in birth defects that are serious. Doctors typically 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 medication, she must submit an insurance claim.

It is important to choose an attorney who has handled these kinds of cases. You should look for a firm that has extensive experience in this field. It also is on contingency, which means you don't pay any fees until you win. Also, you should look for a lawyer who has excellent negotiation and communication skills. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

A variety of birth defects cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. These issues are often genetic, but they may also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.

Pharmaceutical companies are required to ensure that their products are tested properly and inform the public of any risks that could be present. Unfortunately certain pharmaceutical companies fail to keep up with the latest research or anticipate the potential adverse consequences. Furthermore, doctors may prescribe dangerous drugs to patients and women may not receive adequate information on the dangers of taking certain drugs during pregnancy. These drugs, known as teratogens, can cause birth defects, including spina-bifida in the fetus.

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

When filing an action against the parties responsible for your child's condition It is crucial to gather as much evidence as you can. Included in this are any ultrasound images or blood tests, as well as medical bills incurred as a result. This allows the attorney to determine the financial value of the case.

Product Liability

Pregnancy can be one of the most exciting and anxious experiences of women's lives. However, it's also a time when medical professionals can make mistakes that can lead to birth defects. An experienced attorney can help parents in filing a claim and obtaining the compensation they deserve against those who are responsible for the impairment of their child.

Medical experts aren't always able to pinpoint the root of birth defects, but most of them can be caused by environmental or chemical exposure. This can include exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in pesticides and crop spraying.

The manufacturers and the people who prescribe medication must also inform the public about the dangers of their products. However, a significant portion of these drugs are offered off-label to women who are pregnant age without adequate warnings about the risk of birth defects. This is particularly applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where birth defect lawyer defects are caused by exposure to toxic chemicals by parents such as those that are used in semiconductor manufacturing or agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.