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Birth Defect Litigation

Some injuries are beyond the parents in their control. Families are left with a huge bill when injuries require costly procedures and special attention.

A New York birth defect lawyer can assist parents who are stunned to file an appeal and obtain compensation to cover future expenses. The law has strict deadlines on when a claim can be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks associated with pregnancy and childbirth. However, birth defect lawyers defects and injuries do occur. Families must consider their legal options when they are preventable.

Many birth defect lawsuits are stemming from accusations of medical malpractice. These cases can involve errors committed by nurses or doctors at any point in the pregnancy, labor and delivery processes. Medical professionals may also be negligent following the birth of a baby if they fail provide proper treatment.

Generally, the time limit for these cases is 2.5 years from when the act was committed of medical malpractice. For infants, the time can be extended. It is nevertheless important to seek legal counsel early enough to ensure that all evidence is gathered and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

Parents should be aware of the following factors when choosing an attorney to represent them in a lawsuit for birth defects or birth injuries:

Medical Malpractice

Birth defects can trigger numerous mental or physical ailments. Some birth defects may be fatal. Some of these issues may be caused by genetics and others may be caused by environmental exposures or prescription drugs taken during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects as a result of their actions or inaction. These cases typically are caused by medical negligence during labor or delivery. They can also be a result of any other act which falls below a standard of medical care, such as not diagnosing an illness or prescribing incorrect medication during pregnancy.

One example is involving teratogens. These drugs can result in serious birth defects. In the course of pregnancy, doctors generally advise women to stay clear of this medication, which is commonly used in the treatment of seizures. If a woman who is pregnant is exposed to this drug, she should file a claim.

It is essential to select an attorney who has experience in handling these types of cases. You should seek out an attorney who has experience in this field and operates on contingency basis, which means you won't be charged nothing until you win. Look for an attorney with great negotiation and communication skills. This will help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. The majority of these problems are genetically inherited, but some of them can be caused by environmental or chemical exposure, or the medications the mother took while pregnant.

Drug makers are required to test their products thoroughly and inform consumers of any potential risks. Unfortunately, some pharmaceutical companies don't keep up with the latest research or fail to anticipate potential side consequences. Some doctors prescribe dangerous drugs to their patients. Moreover, some women are not informed about the risks associated with using certain drugs during pregnancy. These drugs, known as teratogens, can cause birth defects such as spina-bifida that can occur in the fetus.

Other substances that may cause birth defects are chemicals that are used in manufacturing and agriculture and heavy metals like mercury that are contaminating air or groundwater. Diane Paolicelli's legal career has been dedicated to fighting powerful corporations that expose women to harmful substances and chemicals that can damage their reproductive health or lead to birth defects.

It is essential to gather as many evidences as you can before making a claim against the responsible parties. Included in this are any ultrasound images and blood tests as well as medical bills that are incurred as a result. This information can help the attorney assess the worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. It's also a time when many medical professionals can make mistakes that result in birth defects. A top attorney can help parents to file a claim against the medical professionals responsible for their child's disability and receive the compensation they deserve.

Medical experts are not always able to pinpoint the causes of birth defects, but a large number can be due to environmental or chemical exposure. This can include parental exposure to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for crop spraying and pesticides.

Manufacturers and those who prescribe medications are also required to warn the public about their risks. A majority of these drugs are marketed to women who are expecting without warnings of the potential for birth defects. This is especially applicable to antidepressants such Prozac and Zoloft.

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