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Birth Defect Litigation

Some injuries are beyond the parents of their control. When injuries require specialized treatment and expensive procedures, it can result in huge costs for families.

A New York birth defect lawyer can assist parents who are shocked to file an action and receive compensation to pay for future expenses. However, the law imposes strict deadlines the time a claim has to be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce risks related to pregnancy, childbirth and birth. 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 could involve mistakes made by doctors or nursing personnel at any stage of the birth process, including labor and pregnancy. Medical professionals can also be negligent after the birth of a baby if they fail provide proper treatment.

Generally, the time limit for these cases is 2.5 years from when the act was committed of medical malpractice. The time frame can be extended to infants. However, it is important to seek legal advice as soon as possible to ensure that all evidence is gathered and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of a baby for birth defects caused by improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can look into these claims and pursue them on behalf of the family.

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

Medical Malpractice

Birth defects can cause various mental and physical issues. Some of them could be fatal. Some of these issues are inherited, whereas others are caused by exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defects as a result of their actions or inaction. These cases typically are based on medical negligence during delivery or labor. They can also include any act of failure to act which falls below a standard of medical care, like failing to recognize an illness or prescribing the wrong medication during pregnancy.

One of these cases involves Teratogens. These medications can cause serious birth defects. In the course of pregnancy, doctors generally advise women to not take this medication, which is utilized to treat seizures. If the woman is exposed to the drug it is recommended that she file a claim.

It is important to choose an attorney with experience handling these kinds of cases. Choose a law firm that is specialized in this field and operates on a contingency basis, so you don't pay anything unless you are successful. Choose an attorney with an excellent ability to communicate and negotiate. This will help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities, that require expensive medical treatment and accommodations for the child. These conditions are often genetic, but they may also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to adequately test their products and inform consumers of any potential risks. Sadly some pharmaceutical companies do not keep up with the latest research or anticipate potential side consequences. Some doctors prescribe dangerous drugs to their patients. Moreover, some women aren't aware of the risks of taking certain medications while pregnant. These drugs are referred to as teratogens. They may cause birth defects in the fetus, such as spina Bifida.

Other substances that could cause birth defects are chemicals used in agriculture and manufacturing and heavy metals, like mercury that are contaminating air or groundwater. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and substances that affect their reproductive health and cause birth defect law firms defects.

It is crucial to collect as much evidence as you can before filing a suit against the parties accountable. This includes ultrasound images, blood tests, and medical bills that arose due to the birth defect. This information will help the attorney determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting, and stressful experiences in women's lives. But it's also a time where many medical professionals make mistakes that could lead to birth defects. A top lawyer can help parents to file a claim against the medical professionals responsible for their child's disability and get the justice they deserve.

Medical experts are not always able to determine the root of birth defects, however a large number can be attributed to chemical or environmental exposure. This can be due to exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying crops and pesticides.

The pharmaceutical companies and those who prescribe medication are also obliged to inform people about the dangers. Yet, a substantial portion of these drugs are marketed off-label for women of childbearing age without warnings regarding 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 pharmaceutical and chemical companies. He focuses his practice on cases involving the occurrence of birth defect lawsuit defects due to parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.