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Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur out of their control. If these injuries require special care and costly procedures, it can cause families to incur huge costs.

A New York birth defect lawyer can help stunned parents file an action and receive compensation to cover the cost of future expenses. The law has strict time limitations on when a claim may be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks associated with pregnancy and childbirth. However birth defects and injuries still occur. If they're preventable, families must explore their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve mistakes made by nurses or doctors staff at any point during labor, birth and pregnancy. Medical professionals may also be negligent following the birth of a baby if they fail provide proper treatment.

In general the statute of limitation for these cases is 2.5 years after the date of the medical mistake. The time frame may be extended for infants. However, it is important to seek legal counsel as soon as possible to ensure that all evidence is gathered and that a timely claim can be filed.

A lawsuit may be filed on behalf of a child to claim birth defects that are caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

When choosing an attorney for a birth defect or birth injury lawsuit parents should be looking for the following qualities:

Medical Malpractice

birth defect attorney defects can lead to a variety of physical and mental problems. Some of them can be fatal. Some of these problems are inherited, whereas others are caused by exposure to environmental factors or the use of prescription medications during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects by their actions or inaction. These cases typically are caused by medical negligence during delivery or labor. However, they can be a result of any action or failure to act in excess of the medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One example involves Teratogens. These drugs can result in birth defects that are serious. During pregnancy, doctors usually advise women to avoid taking this medication, which is utilized in the treatment of seizures. If the woman is exposed to the drug, it is recommended that she file an action.

It is vital to choose an attorney with prior experience in these types of cases. You should look for a firm that has years of experience in this field and operates on contingency basis, which means you won't be charged nothing until you win. Also, you should look for an attorney who has strong communication and negotiation skills. This will help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

Drug manufacturers have an obligation to adequately test their products and warn consumers about any potential risks. Sadly many pharmaceutical companies do not keep up with the latest research or anticipate the potential adverse effects. In addition, doctors can prescribe dangerous medicines to their patients and women may not receive adequate information on the risks of taking certain drugs during pregnancy. These drugs, known as teratogens, can cause birth defects, such as spina-bifida, which is a birth defect in the fe.

Other substances that can cause birth defects are chemicals employed in the production and Birth Defect Lawyer agricultural industries, as well as heavy metals, like mercury, which are contaminating the air or groundwater. Diane Paolicelli's legal career has been focused on fighting powerful corporations who expose women to toxic chemicals and substances that could damage their reproductive health or lead to birth defects.

It is important to collect as much evidence as you can prior to making a claim against the responsible parties. This includes ultrasound scans, blood tests and medical bills incurred due to the birth defect. This information will help the attorney to determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting and anxiety-inducing experiences in women's lives. It's also a time where many medical professionals make mistakes that could lead to birth defects. An experienced attorney can help parents make a claim against those responsible for their child's disability and acquire the justice they deserve.

While the causes of birth defects are usually not understood by medical professionals however, a significant proportion can be attributed to exposure to chemicals or environmental factors. This can include exposure by parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.

Manufacturers and those who prescribe medications also have a duty to warn the public about the risks. A large portion of these drugs is marketed to women who are pregnant, without warnings of the possibility of birth defect. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases that involve the occurrence of birth defects due to exposure of parents to toxic chemicals, which includes the ones used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.