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Birth Defect Litigation

Certain injuries are beyond the parents or their control. If these injuries require special care and costly procedures, it could cause families to be faced with massive costs.

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

Statute of Limitations

Modern technology and medical advances have aided in reducing the risks related to pregnancy, childbirth and birth. However, birth defects and injuries continue to occur. If they're preventable, families must explore their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice that occurred. These lawsuits can be based on mistakes made by nurses or doctors at any time during labor and delivery processes. Medical professionals may also be negligent following the birth of a child in the event that they fail to provide appropriate treatment.

Generally, the time-limit for these cases is 2.5 years from the date of the incident of medical negligence. The time limit can be extended to infants. It is crucial to consult a lawyer immediately to ensure that all evidence is gathered, and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects caused by wrongful toxic and chemical exposures that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and prosecute these claims on behalf of the family.

When selecting an attorney for a birth injury or defect lawsuit parents should consider the following characteristics:

Medical Malpractice

Birth defects can lead to numerous mental or physical issues. Some birth defect attorneys defects can be fatal. Some of these problems are inherited, while others are caused by exposure to environmental factors or the use of prescription drugs during pregnancy.

A medical professional or doctor may be accused of negligence in the event of causing birth defects through their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they can also include any act or inability to act in excess of a medical standard of care, like not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One such type of case is a medication called teratogens. It can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug, then she must submit an insurance claim.

It is crucial to select an attorney with previous experience in these cases. Find a law firm that has a specialization in this area, and works on an on a contingency basis, meaning you won't have to pay a dime unless you succeed. Find an attorney who has an excellent ability to communicate and negotiate. This will ensure that you file your claim before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require costly medical care and accommodations for the child. Most of the time, these issues are genetically inherited, but some of them can be caused by chemical or environmental exposure, or by medications the mother consumed during pregnancy.

Drug manufacturers are required to ensure that their products are tested properly and inform consumers of any potential risks. Unfortunately some pharmaceutical companies fail to keep up-to-date with the latest research or fail to anticipate possible adverse consequences. Additionally, doctors can prescribe dangerous drugs to their patients and women may not receive the correct information regarding the dangers of taking certain medications during pregnancy. These drugs are referred to as teratogens. They can cause birth defects in the fetus. This includes spina Bifida.

Other substances that can cause birth defects are the chemicals used in the manufacturing and agricultural industries, as well as heavy metals such as mercury that affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and other substances that cause harm to their reproductive health and cause birth defects.

It is essential to gather as all evidence you can prior to filing a lawsuit against the party responsible. Included in this are any ultrasound images, blood tests, and medical bills that are incurred due to. This information assists attorneys determine the worth of the case.

Product Liability

Pregnancy is among the most exciting, but stressful experiences in a woman's lifetime. But it's also a period when many medical professionals make mistakes that can cause birth defects. A top attorney can help parents make a claim against those accountable for their child's handicap and obtain the justice they deserve.

Although the causes of birth defects are typically unknown to medical experts but a large proportion of birth defects can be linked to exposure to chemicals or environmental causes. 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 crops.

The pharmaceutical companies and those who prescribe medicines must also warn people about the dangers. However, a significant portion of these medications are sold off-label to women who are pregnant age, without warnings about the possibility of birth defects. This is especially true for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases that involve the occurrence of birth defects resulting from parental exposure 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.