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Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur out of their control. Families may be left with huge bills when these injuries require expensive procedures and specialized care.

A New York birth defect lawyer can assist parents who are shocked to file an action and receive 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 advances have aided in reducing the risks associated with childbirth, pregnancy and birth. Birth defects and injuries persist. If they can be prevented, families must explore their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any point during the labor and birth processes. Medical professionals can also be negligent following the birth of a baby in the event that they fail to provide appropriate treatment.

Generally speaking, the time limit for these cases is 2.5 years from the date of the act of medical malpractice. For infants, this period may be extended. It is crucial to consult an attorney immediately to ensure that all evidence is collected and that a timely complaint be filed.

A lawsuit can be filed on behalf of a child to claim birth defects caused by chemical and toxic exposures during the pregnancy. Lawyers specially trained in birth defect lawsuit defects are able to investigate these claims and pursue them on behalf of the family.

Parents should consider the following aspects when choosing an attorney to represent them in a lawsuit involving birth injury or defect:

Medical Malpractice

Birth defects can lead to a variety of mental and physical ailments. Some may even be fatal. Some of these issues are inherited, while others are caused by environmental exposures or the use of prescribed drugs during pregnancy.

A medical professional or doctor may be accused of negligence if they cause birth defects due to their actions or inaction. The majority of these cases are based on medical negligence during labor or delivery. However, they could also comprise any act or failure to act that is not in the range of a medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One example of this type of situation involves a drug called teratogens, which can cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug, it is recommended that she file an insurance claim.

It is important to select an attorney who has handled these types of cases. You should look for a firm that has extensive experience in this field. It also is based on contingency, meaning that you don't have to pay anything until you are successful. Also, search for a lawyer with strong communication and negotiation skills. This will help ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to ensure that their products are tested properly and warn consumers about any potential risks. Unfortunately some pharmaceutical companies do not keep up-to-date with the latest research or fail to anticipate possible side consequences. Some doctors prescribe dangerous drugs to their patients. Moreover, some women are not aware of the dangers associated with taking certain medications during pregnancy. These medications, also known as teratogens can cause birth defects, such as spina-bifida in the fetus.

Other substances that may cause birth defects include chemicals employed in the production and agricultural industries and heavy metals like mercury, which are contaminating the groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and other substances that damage their reproductive health and cause birth defects.

It is essential to gather as all evidence you can before making a claim against the parties responsible. Included in this are any ultrasound images and blood tests as well as medical bills incurred as a result. This allows the attorney to determine the financial value of the case.

Product Liability

Pregnancy can be one of the most exciting and stressful experiences in a woman's lifetime. It's also a time when many medical professionals can make mistakes that cause birth defects. A top lawyer can assist parents in filing claims and getting the amount they deserve from the people responsible for the disabilities of their child.

Medical professionals aren't always able to determine the causes of birth defects, however the majority of them can be attributed to chemical or environmental exposure. This could include exposure of parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in crop spraying and pesticides.

Manufacturers and those who prescribe medication are also required to warn the public about the dangers of their products. A significant portion of these drugs are offered to pregnant women without warnings about the possibility of birth defects. This is especially relevant 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. His practice is centered around cases where birth defects are caused by exposure of parents to toxic chemicals, such as those used in the manufacture of semiconductors or in agriculture. He is a graduate from the American University in Washington, D.C. and birth defect lawsuits Suffolk University Law School.