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Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur beyond their control. When these injuries require special medical attention and expensive procedures, it could leave families with huge expenses.

A New York birth defect attorney can help parents who are shocked to file an action to receive compensation for future expenses. The law has strict deadlines on when a claim can be filed.

Statute of limitations

Modern medical technology and advances have helped to reduce risks associated with pregnancy, childbirth and birth. However, birth defects and injuries still occur. When they are preventable, families must explore their legal options.

Many birth defect lawsuits are founded on allegations that medical malpractice occurred. These cases can involve mistakes made by doctors or nursing staff at any stage of labor, pregnancy and birth. Additionally medical professionals may be guilty of medical malpractice after the birth of a child by failing to provide proper care.

Generally speaking, the time limit for these cases is 2.5 years from the date of the act of medical malpractice. For infants, the time period may be extended. It is essential to talk with an attorney as soon as you can to ensure that all evidence is gathered and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases on behalf of the family.

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

Medical Malpractice

Birth defects can trigger an array of mental or physical issues. Some birth defects can cause death. Some of these issues are inherited, while others are due to exposure to the environment or the use of prescription drugs during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects through their actions or inaction. Most cases involve medical negligence during labor or delivery. However, they can also comprise any act or failure to act that is in violation of the medical standard of care, such as failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One such type of situation is a drug called teratogens. It can cause serious birth defects. When pregnant, doctors usually advise women to avoid taking this medication, which is commonly used to treat seizures. If the woman is exposed to the drug she must make a claim.

It is important to select an attorney with experience handling these types of cases. Choose a law firm that is experienced in this area and works on a contingency basis, so you don't have to pay any fees unless you are successful. Also, you should look for a lawyer with strong communication and negotiation skills. This will help ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

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

Drug manufacturers have an obligation to thoroughly test their products and warn consumers of any potential risks. Unfortunately certain pharmaceutical companies don't keep up-to-date with current research or fail to anticipate potential adverse consequences. Some doctors recommend dangerous drugs to their patients. Some women aren't aware of the risks associated with taking certain medications during pregnancy. These are known as teratogens and can cause birth defects in the fetus, including spina Bifida.

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

It is crucial to gather as all evidence you can prior to filing a lawsuit against the parties responsible. Included in this are ultrasound images or blood tests, as well as medical bills that are incurred due to. This allows the attorney to determine the financial value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking moments in a woman's life. However, it's also a time when many medical professionals make mistakes that could lead to birth defect attorneys defects. A top lawyer can assist parents in filing claims and getting the compensation they deserve against those who are responsible for the impairment of their child.

Although the causes of birth defects are often unknown to medical professionals but a large proportion of birth defects can be linked with exposure to chemicals or the environment. This could include exposure of parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for crop spraying and pesticides.

The pharmaceutical companies and those who prescribe medicines must also warn 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 adequate warnings about the risk of birth defects. This is particularly relevant 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. His practice focuses on cases involving the occurrence birth defects that result from exposure of parents to toxic chemicals, including the ones used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.