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Birth Defect Litigation

Some injuries are out of the parents' control. If these injuries require special treatment and expensive procedures, it can leave families with huge expenses.

A New York birth defect attorney can help parents grieving and file a claim to get compensation for future expenses. The law has strict time limitations on when a claim can be filed.

Statute of Limitations

Modern medical technology and advancements in medical science have helped to reduce risks related to pregnancy, childbirth and birth. Birth defects and injuries do still occur. Families should consider their legal options if they are preventable.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve errors made by nurses or doctors at any time during the labor and delivery processes. Additionally, medical professionals can commit medical malpractice after a child's birth in the event that they fail to provide proper care.

Generally, the statute of limitations in these cases is generally 2.5 years from the date of the occurrence of medical malpractice. The time limit is extended for infants. It is essential to speak with a lawyer whenever you can to ensure that all the evidence is collected and that a timely complaint be filed.

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

Parents should consider the following characteristics when choosing an attorney to represent them in a lawsuit for birth defects or birth injuries:

Medical Malpractice

Birth defects can lead to various physical and mental problems. Certain birth defects can cause death. Some of these issues could be caused by genetics and others may be caused by exposure to environmental factors or prescription medications used 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 usually are based on medical negligence in delivery or labor. They may also involve any be in compliance with a standard of medical care, for example failing to recognize an illness or prescribing incorrect medication during pregnancy.

One of these cases involves Teratogens. These drugs can result in birth defect lawyers defects that are serious. When pregnant, doctors usually recommend women not to take this medication, which is used in the treatment of seizures. If a woman is exposed to the drug it is recommended that she make a claim.

It is important that you choose an attorney with expertise in these kinds of cases. You should seek out a firm that has years of experience in this field and works on contingency, so you won't be charged any fees until you win. Additionally, you should choose a lawyer with strong negotiation and communication abilities. This will help ensure that you submit your claim before the time limit expires.

Prescription Drugs

A lot of birth defects can cause physical or mental disabilities, that require costly medical treatment and accommodations for the child. These problems are usually genetic, but they may also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.

Drug makers are required to thoroughly test their products and warn consumers of any risks. Unfortunately some pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate potential side effects. Certain doctors prescribe dangerous medications to their patients and some women aren't aware of the risks of taking certain medications while pregnant. These drugs, referred to as teratogens may cause birth defects such as spina-bifida, which is a birth defect in the fe.

Other substances that can cause birth defects include chemicals used in agriculture and manufacturing and heavy metals such as mercury that are contaminating air or groundwater. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and substances that affect their reproductive health and lead to birth defects.

When bringing an action against the parties that are accountable for your child's health it is essential to gather as much evidence as you can. This includes blood tests, ultrasound images and medical bills that arise due to the birth defect. This assists the attorney in determining the financial value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking events in a woman's lifetime. It's also the time when medical professionals make mistakes that lead to birth defects. A top lawyer can assist parents in submitting an appeal and gaining the compensation they deserve from the people responsible for the disabilities of their child.

Medical experts aren't always able determine the causes of birth defects, but most of them can be attributable to environmental or chemical exposure. This can include parental contact with toxic chemicals in the workplace, such as glycol ethers and solvents used in semiconductor manufacturing, and agricultural chemicals used for pesticides as well as spraying on crops.

In addition, manufacturers and the people who prescribe prescription medications have a responsibility to warn people about the risks. However, a lot of these drugs are offered off-label for women of childbearing age without proper warnings about the potential for birth defects. This is particularly applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice focuses on cases involving the occurrence birth defects that result from exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.