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Birth Defect Litigation

Certain injuries are beyond the parents' control. Families could be faced with huge bills when these injuries require costly procedures and special treatment.

A New York birth defect lawyer can assist parents who are shocked to file a claim and get compensation to cover the cost of future expenses. However, the law has strict deadlines the time a claim has to 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 do occur. Families must consider their legal options when they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any time during the labor and delivery procedures. In addition, medical professionals can commit medical malpractice after a child's birth if they fail to provide proper treatment.

Generally speaking, the time-limit for these cases is generally 2.5 years from when the act was committed of medical negligence. This time period can be extended to infants. But, it is crucial to seek legal counsel early enough to ensure that all evidence has been collected and that a timely claim can be filed.

In addition to medical malpractice, a suit could also be filed on behalf of a baby for birth defects caused by improper exposure to chemicals and toxic substances that occur during the 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 defect lawsuit defect or birth injury lawsuit, parents should look for the following characteristics:

Medical Malpractice

Birth defects can lead to a wide range of mental or physical ailments. Some birth defects can cause death. Some of these issues could be caused by genetics while others are triggered by environmental exposures or prescription medications taken during pregnancy.

A medical professional or doctor could be accused of malpractice if they cause a birth defect through their actions or inaction. Most cases involve medical negligence during labor or delivery. However, they may also include any act or failure to act that is in violation of the medical standard of care, like failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One example 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 pregnant woman is exposed to this drug, she should submit an insurance claim.

It is essential to select an attorney who has expertise in these kinds of cases. Find a firm that has a specialization in this area and operates on a contingency basis, so there is no cost unless you succeed. Look for an attorney with excellent communication and negotiation skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, that require costly medical treatment and accommodations for the child. Most of the time, these issues are genetic, however some of them are caused by chemical or environmental exposure, or the medications the mother took while pregnant.

Drug manufacturers are required to adequately test their products and inform consumers of any risks. Unfortunately some pharmaceutical companies fail to keep up with the latest research or fail to anticipate potential side effects. In addition, doctors can prescribe dangerous drugs to patients, and some women do not receive the correct information regarding the risks of taking certain medications during pregnancy. These drugs are referred to as teratogens. They can cause birth defects in the fetus, such as spina Bifida.

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

When bringing an action against the parties accountable for your child's condition, it is important to gather the most evidence you can. This includes ultrasound images, blood tests, and medical bills that came up as a result of the birth defect. This assists the attorney in determining the monetary value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful moments in a woman's life. It's also a time where medical professionals often make mistakes that could lead to birth defects. An experienced attorney can assist parents to file a claim against the medical professionals who are responsible for their child's disabilities and obtain the compensation they deserve.

Although the causes of birth defects are generally not understood by medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental factors. This could include exposure of parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.

The manufacturers and the people who prescribe medicines also have a duty to inform the public about the dangers of their products. Yet, a large percentage of these drugs are marketed off-label for women of childbearing age without proper warnings about the risk of birth defects. This is especially applicable to antidepressants such Prozac and Zoloft.

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