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Birth Defect Litigation

Parents want their children to be perfect However, some accidents happen outside of their control. Families can be left with a large bill when injuries require expensive procedures and special care.

A New York birth defect attorney (hyperlink) can assist parents who are in shock file a claim to get compensation for future expenses. The law has strict time limits on when a claim may be filed.

Statute of limitations

Modern technology and medical advancements have reduced the risks related to pregnancy, childbirth and birth. However, birth defects and injuries can still occur. Families must consider their legal options when they can be prevented.

Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any time during pregnancy, labor and delivery procedures. Medical professionals may also be negligent following the birth of a child by failing to provide the correct treatment.

In general, the statutes of limitation for these cases are 2.5 years after the date of the medical error. The time frame can be extended to infants. It is nevertheless important to seek legal counsel early enough to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant for birth defects resulting from 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 qualities when selecting an attorney to represent their interests in a lawsuit filed for birth defects or birth injuries:

Medical Malpractice

Birth defects can lead to a variety of mental and physical problems. Some of them may even be fatal. Some of these problems may be caused by genetics and others may be caused by exposure to the environment or prescription drugs taken during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects by their actions or inaction. These cases typically are caused by medical negligence during labor or delivery. They can also be a result of any perform a task that is not within the standard of medical treatment, for instance failing to recognize an illness or prescribing incorrect medication during pregnancy.

One of these cases involves Teratogens. These medications can lead to serious birth defects. In the course of pregnancy, doctors generally recommend women not to take this medication, which is utilized in the treatment of seizures. If the woman is exposed to the drug, it is recommended that she file a claim.

It is important to select an attorney who has handled these types of cases. Find a firm that is specialized in this area and operates on the basis of a contingent fee, which means you don't have to pay any fees unless you succeed. Find an attorney who has an excellent ability to communicate and negotiate. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

A lot of birth defects can cause physical or mental disabilities, which require costly medical care and accommodations for the child. Most often, these disorders are genetic, but some of them are caused by environmental or chemical exposure, or medications that the mother took during pregnancy.

Drug manufacturers have an obligation to ensure that their products are tested properly and warn consumers about any risks. Unfortunately certain 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 are not informed about the risks of taking certain medications during pregnancy. These are known as teratogens. They could cause birth defects in the fetus, such as spina Bifida.

Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury that can contaminate groundwater or air. Diane Paolicelli's legal profession has been focused on fighting powerful corporations who expose women to harmful chemicals and substances that can harm their reproductive health or lead to birth defects.

It is important to collect as the evidence you can prior to filing a suit against the party responsible. This includes any ultrasound images, blood tests and medical bills that came up due to the birth defect. This information can help attorneys determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, and nerve-wracking experiences in a woman's lifetime. It's also a time where medical professionals make mistakes that result in birth defect law firms defects. A top attorney can assist parents in filing an action and obtaining the compensation they deserve from those responsible for the disability of their child.

While the causes of birth defects are typically unknown to medical professionals, a significant number are linked to environmental or chemical exposure. This could include exposure of parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.

The pharmaceutical companies and those who prescribe medication must also warn the public about their risks. A large number of these drugs are offered to women who are pregnant without warnings of the possibility of birth defects. This is particularly applicable to antidepressants such 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 involving the occurrence of birth defects resulting from parental exposure to toxic chemicals such as those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.