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Birth Defect Litigation

Parents want perfect babies However, some injuries occur outside their control. Families can be left with huge debts when these injuries require costly procedures and special care.

A New York birth defect lawyer can assist parents in filing an action and receive compensation to cover the cost of future expenses. However, the law imposes strict deadlines on when a claim should be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. However birth defects and injuries continue to occur. Families should consider their legal options if they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve errors made by doctors or nurses at any point in the pregnancy, labor and delivery processes. In addition medical professionals could be guilty of medical malpractice after a child's birth if they fail to provide the correct treatment.

In general the statute of limitation for these cases are 2.5 years from the date of the medical error. This time period is extended for 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 filed on behalf of a baby for birth defects that result from wrongful toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can look into the claims and then prosecute them on behalf of the family.

Parents should consider the following characteristics when choosing an attorney to represent their interests in a lawsuit filed for birth defects or birth injuries:

Medical Malpractice

Birth defects can trigger an array of mental or physical issues. Certain birth defects can cause death. Some of these problems are inherited, while others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defects due to their actions or inaction. Most cases involve medical negligence during labor or delivery. However, they can also include any act or inability to act that falls short of the medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One of these cases involves teratogens. These drugs can cause birth defects that are serious. In the course of pregnancy, doctors generally advise women to not take this medication, which is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must submit a claim.

It is crucial to choose an attorney who has previous experience in these cases. Choose 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 get the case won. Also, you should look for an attorney with excellent communication and negotiation abilities. This will help to ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require expensive medical care and accommodations for the child. These issues are often caused by genetics, but can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.

Drug makers are required to adequately test their products and warn consumers of any potential risks. Unfortunately certain pharmaceutical companies do not keep up-to-date with current research or fail to anticipate potential adverse consequences. Some doctors recommend dangerous drugs to their patients, and some women are not informed about the dangers associated with using certain drugs during pregnancy. These drugs are known as teratogens, and they can cause birth defects within the fetus. This includes spina Bifida.

Other substances that can cause birth defects are chemicals used in manufacturing and agriculture and heavy metals such as mercury, which are contaminating the groundwater or the air. Diane Paolicelli's career in law has been focused on fighting powerful corporations that expose women to toxic chemicals and substances that can affect their reproductive health or cause birth defects.

It is crucial to gather as many evidences as you can prior to filing a lawsuit against the responsible parties. This includes blood tests, ultrasound images and medical bills that arose due to the birth defect. This will help the attorney determine the financial worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking moments in a woman's life. It's also a time when medical professionals are prone to making mistakes that can lead to birth defects. A reputable attorney can assist parents in filing a claim and obtaining the compensation they deserve against those responsible for the handicap of their child.

Although the causes of birth defects are usually not understood by medical professionals however, a significant proportion can be linked to environmental or chemical exposure. This can include parental exposure to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in pesticides and crop spraying.

In addition, the manufacturer and those who prescribe prescription medicines have a responsibility to inform people about the risks. However, a significant portion of these drugs are sold off-label to women who are pregnant age without proper warnings about the possibility of birth defects. This is especially applicable to antidepressants such Prozac and birth defect lawsuits Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals in the home by parents such as those used in the manufacture of semiconductors or in agriculture. He is a graduate from the American University in Washington, D.C., and Suffolk University Law School.