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Birth Defect Litigation

Certain injuries are beyond the parents of their control. When injuries require specialized care and costly procedures, it could leave families with huge expenses.

A New York birth defect lawyer can assist parents who are stunned to file 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 advances have helped reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries still 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 may involve errors made by doctors or nursing staff at any stage of labor, birth and pregnancy. Medical professionals may also be guilty of malpractice following the birth of a child if they fail provide proper treatment.

In general the statute of limitations for these cases is 2.5 years after the date of the medical malpractice. This time frame may be extended for infants. It is essential to speak with an attorney immediately to ensure that all evidence is gathered 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 toxic and chemical exposures during the pregnancy. Specially trained birth defect lawyers can look into these claims and bring them to trial on behalf of the family.

Parents should be aware of the following aspects when choosing an attorney to represent them in a lawsuit for birth defects or injuries:

Medical Malpractice

Birth defects can result in many physical or mental problems. Some of them may even be fatal. Some of these problems are genetic, but others are caused by exposure to environmental factors or the use of prescribed drugs during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects as a result of their actions or inaction. These cases are usually based on medical negligence in delivery or labor. However, they could also include any act or inability 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 medication during pregnancy.

One instance of situation involves a drug called teratogens. This medication can cause serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug, then she must make an action.

It is important to select an attorney who is experienced in handling these kinds of cases. You should look for a firm that has experience in this field and works on contingency, so you won't be charged nothing until you win. Find an attorney who has an excellent ability to communicate and negotiate. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to test their products properly and inform the public about any potential dangers. Unfortunately, some pharmaceutical companies fail to keep up with the latest research or fail to anticipate possible side effects. Some doctors recommend dangerous drugs to their patients. Some women are not aware of the risks of taking certain medications during pregnancy. These are known as teratogens and could cause birth defect lawsuit (http://www.saju1004.net) defects in the fetus, including spina bifida.

Other substances that may cause birth defects include chemicals used in manufacturing and agriculture as well as heavy metals such as mercury that are contaminating air or groundwater. Diane Paolicelli's legal career has been focused on combating powerful corporations that expose women to harmful chemicals and substances that could harm their reproductive health or cause birth defects.

It is important to collect as many evidences as you can prior to making a claim against the parties accountable. This includes ultrasound images, blood tests and medical bills that came up as a result of the birth defect. This information will help the attorney assess the value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. But it's also a time where many medical professionals make mistakes that can cause birth defects. An experienced attorney can help parents bring a lawsuit against those accountable for their child's handicap and obtain the amount of compensation they deserve.

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

The pharmaceutical companies and those who prescribe medications are also required to inform the public about the dangers of their products. Yet, a large percentage of these drugs are marketed off-label to women of childbearing age without proper warnings about the potential for 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 pharmaceutical and chemical companies. His practice focuses on cases involving the occurrence of birth defects due to parental exposure to toxic chemicals, such as those used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.