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Birth Defect Litigation

Some injuries are beyond the parents of their control. Families may be left with a huge bill when injuries require costly procedures and special attention.

A New York birth defect lawyer can assist parents in filing a claim and get compensation to cover future costs. The law has strict deadlines for when claims can 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 remain a possibility. Families should consider their legal options when they are preventable.

Many birth defect suits are based on claims of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing staff at any stage of the birth process, including labor and pregnancy. Medical professionals can also be guilty of malpractice 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 occurrence of medical negligence. For infants, the time can be extended. However, it is important to seek legal counsel immediately 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 improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained Birth Defect Lawyers (9R2B13Phzdq9R.Com) can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can lead to a variety of mental and physical problems. Some may even be fatal. Some of these problems are caused by genetics, while others are caused by environmental exposures or the use of prescription medications during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defects as a result of their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they may also include any act or failure to act in excess of the medical standard of care, like failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One example is involving teratogens. These drugs can cause birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must file a claim.

It is essential to select an attorney who has experience in handling these kinds of cases. You should choose a firm with experience in this field and is based on contingency, meaning that you won't be charged any fees until you win. Also, search for an attorney who has strong communication and negotiation abilities. This will help ensure that you submit your claim before the time limit expires.

Prescription Drugs

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

Drug manufacturers are required to thoroughly test their products and warn consumers of any risks. Unfortunately some pharmaceutical companies fail to keep up to date with the latest research or fail to anticipate potential side consequences. Certain doctors prescribe dangerous drugs to their patients. Some women are not informed about the risks of taking certain drugs while pregnant. These drugs are referred to as teratogens. They can cause birth defects within the fetus, such as spina bifida.

Other substances that could cause birth defects are chemicals used in manufacturing and agriculture and heavy metals, like mercury, which are contaminating the groundwater or the air. Diane Paolicelli's legal profession has been focused on combating powerful corporations that expose women to toxic chemicals and substances that can cause harm to their reproductive health and lead to birth defects.

It is important to collect as all evidence you can prior to making a claim against the party responsible. This includes blood tests, ultrasound images and medical bills incurred as a result of the birth defect. This information assists the attorney assess the value of the case.

Product Liability

Pregnancy is among the most exciting, and anxiety-inducing experiences in the life of a woman. But it's also a time when many medical professionals make mistakes that can cause birth defects. A top lawyer can help parents bring a lawsuit against those accountable for their child's handicap and get the proper compensation they're entitled to.

Although the causes of birth defects are usually unknown to medical experts however, a significant proportion can be attributed to environmental or chemical exposure. This can include exposure by parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.

Additionally, the manufacturers and those who prescribe prescription drugs have a responsibility to warn patients of the risks. A significant portion of these drugs are marketed to women who are expecting without warnings of the potential for 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 chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects are caused by parental exposure to toxic chemical, such as those employed in the manufacture of semiconductors or in agriculture. He graduated of the American University in Washington, D.C. and Suffolk University Law School.