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Birth Defect Litigation

Parents want their children to be perfect however, there are some injuries that occur beyond their control. If injuries that result from these accidents require special treatment and expensive procedures, it could result in huge costs for families.

A New York birth defect attorneys defect lawyer can assist parents who are shocked to file an action and receive compensation to cover future costs. However, the law has strict deadlines for the time a claim has to be filed.

Statute of limitations

Modern medical technology and advancements in medical science have helped to reduce risks associated with pregnancy, childbirth and birth. However, birth defects and injuries continue to occur. Families need to explore their legal options if they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases may involve errors committed by nurses or doctors staff at any point during labor, birth and pregnancy. In addition medical professionals can be guilty of medical malpractice after the birth of a child by failing to provide proper care.

In general, the statutes of limitations for these cases are 2.5 years after the date of the medical error. This time frame can be extended for infants. However, it is important to seek legal advice immediately to ensure that all evidence has been collected and that a timely claim can be filed.

In addition to medical malpractice, a suit may also be filed on behalf of a baby for birth defects caused by improper toxic and chemical exposures that take place during the mother's pregnancy. Lawyers specially trained in birth defect attorney defects can investigate and bring these cases on behalf of the family.

Parents should think about the following factors when choosing an attorney to represent them in a lawsuit involving birth defect or injury:

Medical Malpractice

Birth defects can cause an array of physical or mental problems. Some birth defects can be fatal. Some of these problems are inherited, whereas others are caused by exposure to the environment or the use of prescription drugs during pregnancy.

A medical professional or doctor could be accused of misconduct in the event of causing birth defects through their actions or inaction. These cases usually are based on medical negligence in delivery or labor. However, they could also include any act or inability to act that is in violation of a medical standard of care, like not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One instance of situation is a drug called teratogens. It can cause serious birth defects. When pregnant, doctors usually advise women to not take this medication, which is used in the treatment of seizures. If a pregnant woman is exposed to this medication, she must file a claim.

It is important to select an attorney with experience handling these types of cases. Choose a law firm that has a specialization in this area, and works on the basis of a contingent fee, which means you won't have to pay a dime unless you are successful. Also, look for an attorney who has strong negotiation and communication skills. This will help to ensure that you submit your claim before the time for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require expensive medical treatment and accommodations for Birth defects the child. Most often, these disorders are genetically inherited, but some of them can be caused by chemical or environmental exposure, or by medications the mother was taking during pregnancy.

Drug manufacturers have an obligation to thoroughly test their products and inform consumers of any risks. Unfortunately some pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate possible side effects. Some doctors prescribe dangerous drugs to their patients. Moreover, some women aren't aware of the risks associated with taking certain drugs while pregnant. These medications are referred to as teratogens, and they can cause birth defects in the fetus, such as spina bifida.

Other substances that can cause birth defects are the chemicals used in the agricultural and manufacturing 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 that expose women to toxic chemicals and other substances that damage their reproductive health and lead to birth defects.

It is essential to gather as all evidence you can before making a claim against the party responsible. This includes blood tests, ultrasound images, and medical bills that arise as a result of the birth defect. This information helps attorneys determine the value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking events in a woman's lifetime. But it's also a time where medical professionals often make mistakes that can cause birth defects. An experienced attorney can help parents in submitting a claim and obtaining the compensation they deserve against those responsible for the handicap of their child.

While the causes of birth defects are usually not understood by medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental causes. This could be due to contact by parents with toxic chemicals at the workplace, like glycol ethers and solvents used in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as spraying crops.

The pharmaceutical companies and those who prescribe medicines also have a duty to inform the public about the risks. Yet, a large percentage of these drugs are sold off-label to women who are pregnant age without adequate warnings about the possibility of birth defects. This is especially true for 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 focuses on cases that involve the occurrence of birth defects resulting from parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.