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Birth Defect Litigation

Certain injuries are beyond the parents of their control. Families could be faced with a large bill when injuries require costly procedures and special attention.

A New York birth defect attorney can assist parents in shock file claims to obtain compensation for future expenses. The law has strict time limitations for when claims can be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks associated with childbirth and pregnancy. However birth defects and injuries can still occur. Families should consider their legal options when they are preventable.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases can involve mistakes made by doctors or nursing staff at any time during pregnancy, labor and birth. Medical professionals can also be negligent following the birth of a child by failing to provide the correct treatment.

In general, the statutes of limitations in these cases are 2.5 years after the date of the medical mistake. For infants, this is sometimes extended. It is essential to speak with a lawyer as soon as you can to ensure that all the evidence is gathered, and that a timely complaint be filed.

A lawsuit can be filed on behalf of a child in relation to birth defects that are caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can examine these claims and pursue them on behalf of the family.

When choosing an attorney to represent them in a birth defect or birth injury lawsuit parents should be looking for the following characteristics:

Medical Malpractice

Birth defects can lead to a variety of mental and physical ailments. Some birth defect lawyer defects can be fatal. Some of these issues may be genetic while others are caused by exposure to the environment or prescription medications taken during pregnancy.

A medical professional or doctor could be convicted of malpractice when they cause birth defects through their actions or inaction. Most cases involve medical negligence during labor or delivery. However, they can include any act or inability to act in excess of a medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One example of this type of case is a medication called teratogens. This medication can cause birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug she must submit a claim.

It is essential to select an attorney who is experienced in handling these kinds of cases. You should look for a firm that has extensive experience in this field. It also is on contingency, which means you don't pay anything until you win. Also, search for an attorney who has strong communication and negotiation abilities. 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 expensive medical treatment and accommodations for the child. These issues are often caused by genetics, but can also be caused by chemical or environmental exposure, or by medications taken by the mother during pregnancy.

Drug manufacturers have an obligation to adequately test their products and inform consumers of any risks. Unfortunately many pharmaceutical companies do not keep up with the latest research or anticipate possible side effects. Some doctors prescribe dangerous drugs to their patients, and some women are not informed about the risks of taking certain drugs while pregnant. These drugs, referred to as teratogens, may cause birth defects, like spina-bifida in the fetus.

Other substances that could cause birth defects include chemicals that are used in manufacturing and agriculture in addition to heavy metals such as mercury, which are contaminating the groundwater or air. Diane Paolicelli has dedicated her legal career to fighting 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 lawsuits against the parties responsible for your child's condition It is crucial to gather the most evidence you can. Included in this are any ultrasound images as well as blood tests and medical bills incurred due to. This allows the attorney to determine the financial worth of the case.

Product Liability

Pregnancy is among the most exciting, yet nerve-wracking experiences in a woman's lifetime. It's also a time when many medical professionals make mistakes that can cause birth defects. An experienced attorney can help parents make a claim against those accountable for their child's handicap and receive the justice they deserve.

Although the causes of birth defects are often unknown to medical experts however, a significant proportion can be linked to environmental or chemical exposure. This can include parental exposure to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in pesticides and crop spraying.

In addition, manufacturers and the people who prescribe prescription medications have a responsibility to warn patients of the risks. However, a lot of these medications are sold off-label to women of childbearing age without warnings regarding the possibility of birth defects. This is especially applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases involving the development of birth defects that result from parental exposure to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C. as well as Suffolk University Law School.