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Birth Defect Litigation

Some injuries are beyond the parents in their control. Families are left with huge bills when these injuries require costly procedures and special treatment.

A New York birth defect lawyer can assist parents who are stunned to file an action and receive compensation to cover the cost of future expenses. The law has strict deadlines on when a claim may be filed.

Statute of Limitations

Modern technology and medical advancements have reduced the risks that are associated with childbirth, pregnancy and birth. However birth defects and injuries continue to occur. Families must consider their legal options if they are preventable.

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any point during the labor and delivery processes. Medical professionals can also be negligent after the birth of a baby in the event that they fail to provide appropriate treatment.

In general the statute of limitation for these cases is 2.5 years from the date of the medical mistake. For infants, the time is sometimes extended. However, it is essential to seek legal counsel as soon as possible to ensure that all evidence is obtained and that a timely claim be filed.

In addition to medical malpractice, a suit may also be filed on behalf of an infant for birth defects caused by improper toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

Parents should take into consideration the following aspects when choosing an attorney to represent them in a lawsuit for birth defects or birth injuries:

Medical Malpractice

Birth defects can cause a wide range of mental or physical issues. Some of them may even be fatal. Some of these problems are caused by genetics, while others are due to exposure to the environment or the use of prescribed drugs during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects as a result of their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they can also be a result of any action or failure to act in excess of a medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One example involves the teratogens. These drugs can cause serious birth defects. During pregnancy, doctors typically recommend women not to take this medication, which is used to treat seizures. If an individual is exposed to the drug, it is recommended that she file an action.

It is vital to select an attorney with prior experience in these types of cases. It is best to choose an attorney who has expertise in this area and works on contingency, so you won't have to pay anything until you are successful. Also, search for an attorney who has strong communication and negotiation abilities. This will 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 costly medical treatment and accommodations for the child. These conditions are often caused by genetics, but can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Drug manufacturers are required to test their products correctly and warn the public of the potential dangers. Sadly some pharmaceutical companies fail to keep up with research or anticipate potential side consequences. Additionally, doctors can prescribe dangerous drugs to their patients as well as some women do not have adequate information about the risks associated with taking certain medications during pregnancy. These drugs are known as teratogens. They may cause birth defects in the fetus including spina Bifida.

Other substances that may cause birth defect law firms defects include chemicals that are used in manufacturing and agriculture and heavy metals, like mercury that are contaminating air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and substances that cause harm to their reproductive health and lead to birth defects.

If you are filing lawsuits against the people responsible for your child's condition it is crucial to gather the most evidence you can. Included in this are ultrasound images, blood tests, and medical bills that are incurred due to. This helps the attorney establish the value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking times in a woman's life. But it's also a time when many medical professionals make mistakes that could cause birth defects. A top attorney can assist parents in filing claims and getting the compensation they deserve against those responsible for the disability of their child.

Although the causes of birth defects are generally unknown to medical experts however, many of them can be attributed with exposure to chemicals or the environment. This could include exposure of parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

In addition, the manufacturer and those who prescribe prescription drugs have a responsibility to inform patients of the risks. However, a significant portion of these drugs are offered off-label for women of childbearing age without proper warnings about the risk of birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice focuses on cases involving the development of birth defects that result from parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.