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Birth Defect Litigation

Some injuries are beyond the parents or their control. Families could be faced with a large bill when injuries require expensive procedures and specialized care.

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

Statute of Limitations

Modern medical technology and advancements in medical science have reduced the risks related to pregnancy, childbirth and birth. Birth defects and injuries do continue to occur. Families should consider their legal options if they are preventable.

Many birth defect lawsuits are based on accusations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any point during the birth process, including labor and pregnancy. Medical professionals can also be negligent following the birth of a baby in the event that they fail to provide appropriate treatment.

In general the statute of limitations in these cases are 2.5 years after the date of the medical malpractice. The time limit can be extended to infants. It is crucial to consult 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 an infant for birth defects resulting from improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

Parents should take into consideration the following factors when choosing an attorney to represent them in a suit for birth injury or defect:

Medical Malpractice

Birth defects can lead to many mental or physical ailments. Some birth defects can cause death. Some of these problems are caused by genetics, while others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects as a result of their actions or inaction. These cases usually involve medical negligence during the birth or labor process. They can also be a result of any perform a task that is not within the standard of medical care, like the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One instance of situation involves a drug known as teratogens, which could cause birth defects that are serious. When pregnant, doctors usually advise women to stay clear of this medication, which is used to treat seizures. If the woman is exposed to the drug, it is recommended that she make an insurance claim.

It is important to select an attorney who has experience in handling these types of cases. It is best to choose an attorney who has expertise in this area and operates on contingency basis, which means you won't be charged anything until you are successful. Look for an attorney with excellent communication and negotiation skills. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities, which require costly medical care and accommodations for the child. These disorders are usually genetic, but they may also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Drug manufacturers have an obligation to adequately test their products and warn consumers of any risks. Unfortunately some pharmaceutical companies do not keep up with research or foresee potential side consequences. Additionally, doctors can prescribe dangerous drugs to their patients and women may not receive adequate information on the risks associated with taking certain medications during pregnancy. These are known as teratogens. They can cause birth defects in the fetus, such as spina Bifida.

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

It is important to collect as much evidence as you can prior to filing a suit against the parties accountable. Included in this are ultrasound images, blood tests, and medical bills incurred as a result. This assists the attorney in determining the financial value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking events in a woman's lifetime. It's also a time where medical professionals make mistakes that result in birth defects. A top attorney can assist parents in submitting an appeal and gaining the compensation they deserve against those responsible for the disability of their child.

Medical experts aren't always able to pinpoint the exact cause of birth defects, however many of them can be attributable to environmental or chemical exposure. This can include parental exposure to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in crop spraying and pesticides.

The manufacturers and the people who prescribe medicines are also required to inform the public about their risks. However, a significant portion of these medications are sold off-label for women of childbearing age without warnings regarding the potential for birth defects. This is especially the case with 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 that involve the occurrence of birth defects resulting from parental exposure to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.