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Birth Defect Litigation

Some injuries are out of the parents' control. If these injuries require special care and costly procedures, it can result in huge costs for families.

A New York birth defect attorney can assist parents who are in shock to file a claim to get compensation for future expenses. However, the law imposes strict deadlines the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks associated with childbirth and pregnancy. Birth defects and injuries do still occur. Families need to explore their legal options if they can be prevented.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases may involve errors made by doctors or nursing personnel at any stage of labor, pregnancy and birth. In addition medical professionals may be guilty of medical malpractice after the birth of a baby by failing to provide the proper treatment.

Generally speaking, the time limit for these cases is 2.5 years from the date of the incident of medical negligence. For infants, the time is sometimes extended. It is essential to talk with an attorney immediately to ensure that all the evidence is collected and that a timely complaint be filed.

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

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

Medical Malpractice

Birth defects can lead to many mental or physical problems. Certain birth defects can be fatal. Some of these problems may be caused by genetics, while others are caused by exposure to the environment or prescription drugs taken during pregnancy.

Medical professionals or doctors can be accused of negligence 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 failure to act in excess of a medical standard of care, like failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One of these cases involves teratogens. These drugs can result in birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug, it is recommended that she submit an action.

It is important that you choose an attorney with expertise in these kinds of cases. You should look for an attorney with expertise in this area and is based on contingency, meaning that you won't have to pay anything until you win. Look for an attorney with great negotiation and communication skills. This will help ensure that you submit your claim before the statute of limitations expires.

Prescription Drugs

Many birth defects cause physical or mental disabilities, which require costly medical care and accommodations for the child. Most often, these disorders are genetic, however some of them may be caused by environmental or chemical exposure, or the medications the mother took during pregnancy.

Drug manufacturers are required to test their products thoroughly and inform consumers of any potential risks. Sadly many pharmaceutical companies do not keep up with research or foresee potential side consequences. Additionally, doctors can prescribe dangerous drugs to their patients and women may not receive the correct information regarding the risks of taking certain medications during pregnancy. These drugs, referred to as teratogens may cause birth defects, including spina-bifida, in the fetus.

Other substances that may cause birth defects include chemicals employed in the production and agricultural industries and heavy metals like mercury that are contaminating groundwater or air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and other substances that damage their reproductive health and lead to birth defects.

If you are filing an action against the parties who are responsible for your child's illness It is crucial to gather as much evidence as you can. This includes any blood tests, ultrasound images and medical bills that arose because of the birth defect. This assists the attorney in determining the financial value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. It's also the time that many medical professionals can make mistakes that lead to birth defects. An experienced attorney can assist parents make a claim against those responsible for their child's disability and acquire the proper compensation they're entitled to.

Medical professionals aren't always able to determine the causes of birth defects, however the majority of them can be attributable to environmental or chemical exposure. This can include parental exposure to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

Additionally, the manufacturers and those who prescribe prescription drugs are required to inform people about the risks. A significant portion of these drugs are offered to pregnant women without warnings about the risk of birth defect. This is especially the case with antidepressants such as 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 occurrence of birth defect law firm defects that result 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.