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Birth Defect Litigation

Some injuries are out of the parents' control. When these injuries require special treatment and costly procedures, it could leave families with huge expenses.

A New York birth defect lawyer can assist parents who are shocked to file an action and receive compensation to pay for future expenses. The law has strict time limitations on when a claim may be filed.

Statute of Limitations

Modern technology and medical advances have reduced the risks associated with childbirth, pregnancy and birth. Birth defects and injuries do persist. Families need to consider their legal options when they can be prevented.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing staff at any time during labor, pregnancy and birth. Medical professionals may also be negligent after the birth of a child by failing to provide the correct treatment.

In general, the statutes of limitations in these cases is 2.5 years after the date of the medical mistake. For infants, this time period may be extended. It is essential to speak with a lawyer whenever you can to ensure that all the evidence is gathered, and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of a baby for birth defects that result from wrongful exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

Parents should take into consideration the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth defect or injury:

Medical Malpractice

Birth defects can cause a wide range of physical or mental problems. Some of them could be fatal. Some of these problems are inherited, while others are due to exposure to environmental factors or the use of prescribed drugs during pregnancy.

A medical professional or doctor could be accused of malpractice in the event of causing birth defects by their actions or inaction. These cases usually involve medical negligence during labor or delivery. They may also involve any act of failure to be in compliance with a standard of medical care, like, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of case involves a medication known as teratogens, which could cause birth defects that are serious. Doctors typically 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 submit a claim.

It is important that you select an attorney who has expertise in these kinds of cases. Find a firm that is specialized in this area and operates on a contingency basis, so you won't have to pay a dime unless you get the case won. Additionally, you should choose 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

Many birth defects result in physical or mental disabilities that require expensive medical treatment and accommodations for the child. These problems are usually genetic, but they can also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and warn consumers about any risks. Sadly, some pharmaceutical companies do not keep up with research or anticipate the potential adverse consequences. Some doctors prescribe dangerous drugs to their patients and some women aren't aware of the dangers associated with taking certain medications during pregnancy. These drugs are referred to as teratogens and can cause birth defects in the fetus including spina bifida.

Other substances that can cause birth defects are chemicals that are used in manufacturing and agriculture and heavy metals, like mercury that are contaminating air or groundwater. Diane Paolicelli's legal profession has been focused on combating powerful corporations that expose women to harmful chemicals and substances that could damage their reproductive health or lead to birth defects.

When filing lawsuits against the people responsible for your child's condition It is crucial to gather as much evidence as you can. Included in this are ultrasound images and blood tests as well as medical bills that are incurred as a result. This information helps the attorney assess the value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful moments in a woman's life. However, it's also a time where medical professionals often make mistakes that could lead to birth defects. A top attorney can help parents bring a lawsuit against those accountable for their child's handicap and acquire the amount of compensation they deserve.

Medical professionals aren't always able to pinpoint the root of birth defects, however the majority of them can be attributable to environmental or chemical exposure. This can include parental contact with toxic chemicals at the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing as well as chemical pesticides used in agriculture and spraying on crops.

Manufacturers and those who prescribe medications are also obliged to warn the public about their risks. A large portion of these drugs is marketed to women who are pregnant without warnings of the potential for birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defect attorneys defects result from parental exposure to toxic chemical such as those employed in semiconductor manufacturing or farming. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.