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Birth Defect Litigation

Some injuries are out of the parents of their control. Families can be left with a large bill when injuries require costly procedures and special attention.

A New York birth defect lawyer can help stunned parents file an appeal and obtain compensation to cover future expenses. The law has strict time limits for when claims can be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks of childbirth and pregnancy. Birth defects and injuries do continue to occur. When they are preventable, families must explore their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes made by doctors or nurses at any time during birth, labor and delivery processes. Medical professionals can also commit malpractice after the birth of a child by failing to provide the correct treatment.

In general the statute of limitation for these cases is 2.5 years from the date of the medical error. This time period may be extended for infants. It is nevertheless important to seek legal counsel early enough to ensure that all evidence has been collected and that a timely claim be filed.

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

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

Medical Malpractice

birth defect attorney defects can lead to an array of physical or mental problems. Some of them can be fatal. Some of these problems may be caused by genetics while others are triggered through exposure to the environment or prescription medications used during pregnancy.

A medical professional or doctor could be accused of malpractice in the event of causing birth defects by their actions or inaction. These cases usually involve medical negligence during labor or delivery. However, they can be a result of any action or failure to act that falls short of the medical standard of care, like failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One example involves the teratogens. These medications can lead to serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug, it is recommended that she submit an action.

It is important to choose an attorney who has handled these kinds of cases. Look for a law firm that is experienced in this field and operates on an hourly basis, which means you won't have to pay a dime unless you succeed. Find an attorney who has 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 mental or physical disabilities that require expensive medical treatment and accommodations for the child. Most of the time, these issues are genetically inherited, but some can be caused by environmental or chemical exposure, or by medications the mother consumed during pregnancy.

Pharmaceutical manufacturers are required to test their products properly and warn the public of the potential dangers. Unfortunately certain pharmaceutical companies do not keep up with the latest research or anticipate potential side consequences. Moreover, doctors may prescribe dangerous medications to their patients and some women do not have adequate information about the risks associated with taking certain drugs during pregnancy. These drugs, referred to as teratogens, may cause birth defects, like spina-bifida that can occur in the fetus.

Other substances that may cause birth defects are chemicals that are used in manufacturing and agriculture in addition to heavy metals such as mercury that are contaminating groundwater or air. Diane Paolicelli's career in law has been dedicated to combating powerful corporations that expose women to toxic chemicals and substances that may affect their reproductive health or cause birth defects.

It is crucial to collect as the evidence you can prior to filing a lawsuit against the party responsible. Included in this are ultrasound images or blood tests, as well as medical bills that are incurred due to. This information will help the attorney assess the worth of the case.

Product Liability

Pregnancy is among the most exciting, and anxious experiences of the life of a woman. However, it's also a time when many medical professionals make mistakes that can cause birth defects. A top lawyer can help parents bring a lawsuit against those accountable for their child's handicap and get the amount of compensation they deserve.

While the causes of birth defects are generally unknown to medical professionals however, many of them can be attributed to environmental or chemical exposure. This can include exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for spraying crops and pesticides.

Manufacturers and those who prescribe medication are also required to warn the public about the risks. Yet, a substantial portion of these medications are sold off-label for women of childbearing age without warnings regarding the possibility of birth defects. This is especially true for antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases that involve the occurrence of birth defects resulting from parental exposure to toxic chemicals, including those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.