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Birth Defect Litigation

Parents want perfect babies However, some injuries occur outside their control. When these injuries require special treatment and expensive procedures, it can cause families to be faced with massive costs.

A New York birth defect attorney can assist parents shocked to file a claim to get compensation for future expenses. The law has strict time limits for when claims can be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries still occur. Families must consider their legal options when they are preventable.

Many birth defect law firm defect lawsuits are based upon allegations of medical malpractice. These cases can involve errors made by nurses or doctors at any time during the pregnancy, labor and delivery processes. In addition, medical professionals can commit medical malpractice after the birth of a child, when they fail to provide proper treatment.

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

A lawsuit can be filed on behalf of a child in relation to birth defects caused by toxic and chemical exposures during pregnancy. Specially trained birth defects lawyers can examine the claims and then prosecute them on behalf of the family.

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

Medical Malpractice

Birth defects can lead to a variety of physical and mental problems. Some may even be fatal. Some of these problems are inherited, whereas others are due to exposure to environmental factors 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 by their actions or inaction. These cases usually involve medical negligence during the birth defect attorney or labor process. They can also include any perform a task that is not within the standard of medical treatment, for instance the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One example involves the teratogens. These medications can lead to birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should submit a claim.

It is important to select an attorney with experience handling these types of cases. You should choose a firm that has experience in this field and works on contingency, so you won't have to pay any fees until you win. Find an attorney who has outstanding negotiation and communication skills. This will help ensure that you submit your claim before the statute of limitation expires.

Prescription Drugs

A variety of birth defects cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. Most of the time, these issues are genetically inherited, but some of them are caused by chemical or environmental exposure, or by medications the mother was taking during pregnancy.

Pharmaceutical manufacturers are required to test their products thoroughly and inform the public of any potential risks. Unfortunately some pharmaceutical companies fail to keep up with research or anticipate possible side effects. Certain doctors prescribe dangerous medications to their patients, and some women aren't aware of the dangers associated with taking certain medications while pregnant. These drugs are referred to as teratogens and could 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 which contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that can affect their reproductive health and lead to birth defects.

If you decide to file lawsuits against the parties responsible for your child's condition it is essential to gather as much evidence as you can. This includes ultrasound images, blood tests and medical bills that arose because of the birth defect. This information will help the attorney to determine the worth of the case.

Product Liability

Pregnancy is among the most exciting, and stressful experiences in the life of a woman. But it's also a time when medical professionals can make mistakes that could lead to birth defects. An experienced attorney can help parents make a claim against those accountable for their child's handicap and acquire the proper compensation they're entitled to.

Medical experts aren't always able to pinpoint the root of birth defects, however most of them can be caused by environmental or chemical exposure. This may include contact by parents with toxic chemicals in the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing and chemical pesticides used in agriculture and spraying crops.

The pharmaceutical companies and those who prescribe medicines must also warn people about the dangers. Yet, a large percentage of these medications are sold off-label to women of childbearing age without warnings regarding the possibility of birth defects. This is particularly the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases involving the occurrence of birth defects caused by exposure of parents to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.