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Birth Defect Litigation

Certain injuries are beyond the parents in their control. When these injuries require special treatment and expensive procedures, it can cause families to be faced with massive costs.

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 puts strict deadlines when a claim must be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks of childbirth and pregnancy. However birth defects and injuries can still occur. Families should consider their legal options when they can be prevented.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors 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, the statute of limitations in these cases is 2.5 years from the date of the occurrence of medical negligence. For infants this is sometimes extended. However, it is essential to seek legal advice as soon as possible to ensure that all evidence has been collected and that a timely claim be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of an infant for birth defects that result from wrongful toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

When selecting an attorney for a birth injury or defect lawsuit parents should consider the following characteristics:

Medical Malpractice

Birth defects can cause a wide range of mental or physical ailments. Some birth defects can cause death. Some of these problems are genetic, but others are caused by exposure to the environment or the use of prescription medications during pregnancy.

A doctor or medical professional may be accused of negligence if they cause a birth defect through their actions or inaction. These cases usually are based on medical negligence in delivery or labor. However, they may also include any act or inability to act in excess of the medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One instance of case is a medication known as teratogens, which could cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug then she should make an insurance claim.

It is important to choose an attorney who is experienced in handling these types of cases. You should choose a firm that has expertise in this area and is based on contingency, meaning that you don't pay anything until you are successful. Also, look for a lawyer with strong negotiation and communication abilities. This will ensure that you make your claim in time before the statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require expensive medical care and accommodations for the child. Often, these conditions are genetic, but some can be caused by chemical or environmental exposure or medication that the mother took during pregnancy.

Pharmaceutical manufacturers are required to test their products correctly and inform the public of any potential risks. Unfortunately some pharmaceutical companies fail to keep up-to-date with the latest research or fail to anticipate possible side effects. Moreover, doctors may prescribe dangerous drugs to patients as well as some women do not receive the correct information regarding the risks associated with taking certain drugs during pregnancy. These are known as teratogens and can cause birth defects in the fetus, such as spina Bifida.

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

It is crucial to collect as the evidence you can before filing a lawsuit against the responsible parties. This includes any blood tests, ultrasound images, and medical bills that came up as a result of the birth defect. This helps the attorney establish the value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking events in a woman's lifetime. But it's also a period when many medical professionals make mistakes that can cause birth defects. An experienced attorney can help parents in submitting an action and obtaining the amount they deserve from those responsible for the handicap of their child.

Although the causes of birth defects are generally unknown to medical professionals but a large proportion of birth defects can be linked to exposure to chemicals or environmental causes. This can include parental contact with toxic chemicals at the workplace, for example glycol ethers and solvents used in semiconductor manufacturing, as well as agricultural chemicals used for pesticides as well as crop spraying.

The pharmaceutical companies and those who prescribe medications are also obliged to warn the public about the dangers of their products. Yet, a substantial portion of these drugs are offered off-label for women of childbearing age without proper warnings about the possibility of birth defects. This is particularly true for antidepressants like Prozac and 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 that involve the occurrence of birth defects due to parental exposure to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.