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Birth Defect Litigation

Parents want perfect babies, but some injuries happen outside of their control. If these injuries require special treatment and costly procedures, it could cause families to incur huge costs.

A New York birth defect attorney can help parents in shock to file an appeal to be compensated for future expenses. However, the law imposes strict deadlines on when a claim must be filed.

Statute of Limitations

Modern medical technology and advancements in medical science have aided in reducing the risks associated with pregnancy, childbirth and birth. However birth defects and injuries continue to occur. Families need to consider their legal options if they can be prevented.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases can involve mistakes made by nurses or doctors staff at any stage of pregnancy, labor and birth. In addition medical professionals can be guilty of medical malpractice following the birth of a child in the event that they fail to provide the correct treatment.

Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the occurrence of medical malpractice. For infants this is sometimes extended. However, it is important to seek legal advice as soon as possible to ensure that all evidence is obtained and that a timely claim can be filed.

In addition to medical malpractice, a suit can also be filed on behalf of a baby for birth defects caused by wrongful exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

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

Medical Malpractice

Birth defects can lead to various mental and physical problems. Certain birth defects could cause death. Some of these problems may be genetic while others are triggered through exposure to the environment or prescription drugs used during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects as a result of their actions or inaction. These cases typically are based on medical negligence in delivery or labor. However, they can include any act or failure to act that is in violation of the medical standard of care, for instance, 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. During pregnancy, doctors usually advise women to stay clear of this medication, which is commonly used in the treatment of seizures. If a woman is exposed to the drug, then she should file a claim.

It is essential to select an attorney with experience in these types of cases. You should seek out an attorney with extensive experience in this field. It also is based on contingency, meaning that you won't be charged anything until you are successful. Look for an attorney who has great negotiation and communication skills. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

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

Drug makers are required to test their products thoroughly and inform the public about any potential risks. Unfortunately some pharmaceutical companies fail to keep up-to-date with current research or fail to anticipate potential side consequences. Some doctors recommend dangerous drugs to their patients, and some women are not aware of the risks associated with taking certain medications during pregnancy. These medications are referred to as teratogens and may cause birth defects in the fetus including spina bifida.

Other substances that could cause birth defect lawyers defects include chemicals used in manufacturing and agriculture, as well as heavy metals, like mercury, which are contaminating the groundwater or the air. Diane Paolicelli's legal career is focused on fighting powerful corporations who expose women to harmful chemicals and substances that may cause harm to their reproductive health and cause birth defects.

It is crucial to collect as the evidence you can prior to making a claim against the responsible parties. This includes ultrasound scans, blood tests and medical bills incurred as a result of the birth defect. This information can help the attorney assess the worth of the case.

Product Liability

Pregnancy is among the most exciting, and nerve-wracking experiences in a woman's lifetime. But it's also a period when many medical professionals make mistakes that can lead to birth defects. A top lawyer can help parents file a claim against those accountable for their child's handicap and get the amount of compensation they deserve.

Medical professionals aren't always able determine the exact cause of birth defects, however a large number can be caused by environmental or chemical exposure. This could include exposure of parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

In addition, manufacturers and the people who prescribe prescription medications must inform consumers of the dangers. A significant portion of these medications are sold to pregnant women without warnings of the possibility of birth defects. This is especially true for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases where birth defects result from parental exposure to toxic chemical, such as those used in semiconductor manufacturing or agricultural. He graduated of the American University in Washington, D.C. and Suffolk University Law School.