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Birth Defect Litigation

Parents want their children to be perfect, but some injuries happen out of their control. Families can be left with huge bills when these injuries require costly procedures and special attention.

A New York birth defect lawyer can assist parents who are shocked to file claims and receive compensation to pay for future expenses. The law has strict deadlines for when claims can be filed.

Statute of Limitations

Modern technology and medical advances have reduced the risks associated with pregnancy, childbirth and birth. Birth defects and injuries do persist. If they can be prevented, families should consider their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors staff at any point during labor, birth and pregnancy. Medical professionals can also commit malpractice after the birth of a baby by failing to provide the correct treatment.

In general the statute of limitations in these cases are 2.5 years from the date of the medical malpractice. The time frame may be extended for infants. It is essential to speak with a lawyer immediately to ensure that all the evidence is collected, and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects that result from wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers (Stscrap.kr) can investigate and bring these cases on behalf of the family.

Parents should think about the following characteristics 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 birth defects may be fatal. Some of these problems are caused by genetics, while others are due to environmental exposures or the use of prescription medications during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defects as a result of their actions or inaction. These cases usually are due to medical negligence during delivery or labor. However, they could also be a result of any action or failure to act that falls short of the medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One example of situation involves a drug called teratogens, which can cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug then she should file a claim.

It is crucial to select an attorney who is experienced in handling these types of cases. Look for a law firm that has a specialization in this area, and works on a contingency basis, so you don't have to pay any fees unless you succeed. Look for an attorney with an excellent ability to communicate and negotiate. This will ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

A variety of birth defects cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. These problems are usually caused by genetics, but can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Drug manufacturers are required to test their products correctly and warn the public of any potential dangers. Unfortunately certain pharmaceutical companies fail to keep up-to-date with current research or fail to anticipate possible adverse effects. Moreover, doctors may prescribe dangerous drugs to patients and some women do not get proper information about the dangers of taking certain medications during pregnancy. These drugs, known as teratogens can cause birth defects, such as spina-bifida, in the fetus.

Other substances that could cause birth defect attorneys defects include chemicals employed in the production and agricultural industries, as well as heavy metals such as mercury, which are contaminating the groundwater or the air. Diane Paolicelli's legal career has been focused on fighting powerful corporations that expose women to harmful chemicals and substances that could cause harm to their reproductive health and cause birth defects.

If you are filing an action against the parties accountable for your child's condition, it is important to gather as much evidence as possible. This includes any ultrasound scans, blood tests, and medical bills that arise due to the birth defect. This allows the attorney to determine the monetary worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful experiences a woman can go through in her life. It's also the time that medical professionals can make mistakes that cause birth defects. An experienced attorney can help parents bring a lawsuit against those responsible for their child's condition and receive the compensation they deserve.

Although the causes of birth defects are usually unknown to medical professionals however, a significant proportion can be linked to environmental or chemical exposure. This may include contact by parents with toxic chemicals in the workplace, like glycol ethers and solvents used in semiconductor manufacturing, and chemical pesticides used in agriculture and spraying on crops.

The manufacturers and the people who prescribe medication are also obliged to inform the public about the risks. A large number of these drugs are marketed to women who are expecting without warnings about the risk 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 defect lawsuits against chemical and pharmaceutical companies. His practice focuses on cases involving the occurrence birth defects resulting from exposure of parents to toxic chemicals such as those used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.