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Birth Defect Litigation

Some injuries are out of the parents or their control. Families are left with huge bills when these injuries require expensive procedures and specialized care.

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

Statute of Limitations

Modern technology and medical advances have helped reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries still occur. Families must consider their legal options if they can be prevented.

Many birth defect lawyers defect lawsuits are founded on allegations of medical malpractice. These cases may involve errors committed by nurses or doctors staff at any stage of labor, pregnancy and birth. Medical professionals can also be negligent following the birth of a baby when they fail to provide the proper treatment.

In general the statute of limitation for these cases is 2.5 years from the date of the medical negligence. This time frame can be extended for infants. It is important to consult a lawyer early enough 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 filed on behalf of a baby for birth defects resulting from improper toxic and chemical exposures that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

When choosing an attorney to represent them in a birth defect or birth injury lawsuit parents should consider the following qualities:

Medical Malpractice

Birth defects can trigger an array of mental or physical problems. Some birth defects can cause death. Some of these issues could be caused by genetics and others may be caused through exposure to the environment or prescription medications taken during pregnancy.

A doctor or medical professional could be convicted of malpractice if they cause birth defects through their actions or inaction. These cases typically involve medical negligence during labor or delivery. However, they could also include any act or failure to act that is in violation of a medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One instance of case involves a medication called teratogens. This medication can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug, she must file a claim.

It is essential to choose an attorney who has expertise in these kinds of cases. You should look for an attorney who has expertise in this area and is based on contingency, meaning that you don't have to pay any fees until you win. Find an attorney who has great negotiation and communication skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, which require expensive medical care and accommodations for the child. These problems are usually genetic, but they may also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Drug manufacturers have an obligation to test their products thoroughly and warn consumers about any potential risks. Sadly some pharmaceutical companies do not keep up with the latest research or anticipate possible side effects. Moreover, doctors may prescribe dangerous drugs to their patients and women may not have adequate information about the risks of taking certain drugs during pregnancy. These medications are referred to as teratogens and can cause birth defects in the fetus, including spina bifida.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury which contaminate air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women chemicals and substances that could affect their reproductive health and lead to birth defects.

It is essential to gather as all evidence you can prior to filing a suit against the party responsible. Included in this are any ultrasound images as well as blood tests and medical bills incurred as a result. This assists the attorney in determining the financial value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful events in a woman's lifetime. However, it's also a time when medical professionals can make mistakes that can cause birth defects. An experienced attorney can help parents make a claim against those responsible for their child's disability and receive the compensation they deserve.

While the causes of birth defects are often unknown to medical professionals but a large proportion of birth defects can be attributed with exposure to chemicals or the environment. This can include parental exposure to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.

The manufacturers and the people who prescribe medication must also warn the public about the risks. However, a significant portion of these drugs are offered off-label to women who are pregnant age, without warnings about the potential for birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases involving the occurrence of birth defects due to parental exposure to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.