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Birth Defect Litigation

Certain injuries are beyond the parents' control. If injuries that result from these accidents require special treatment and costly procedures, it could leave families with huge expenses.

A New York birth defect lawyer can help stunned parents file an appeal and obtain compensation to cover the cost of future expenses. The law has strict deadlines on when a claim can be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks that come with childbirth and pregnancy. Birth defects and injuries still occur. If they can be prevented, families must explore their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases can involve errors made by doctors or nurses at any time during birth, labor and delivery processes. In addition medical professionals could be guilty of medical malpractice after the birth defect attorneys of a baby by failing to provide the proper treatment.

In general the statute of limitations in these cases are 2.5 years after the date of the medical negligence. The time frame may be extended for infants. It is important to consult an attorney immediately to ensure that all the evidence is collected, and that a timely complaint be filed.

A lawsuit can be filed on behalf of a child in relation to birth defects caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

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

Medical Malpractice

Birth defects can result in many mental or physical issues. Certain birth defects can be fatal. Certain of these problems could be genetic while others are triggered by exposure to the environment or prescription drugs taken during pregnancy.

A doctor or medical professional could be accused of malpractice in the event of causing birth defects through their actions or inaction. These cases typically are based on medical negligence in delivery or labor. However, they could also comprise any act or failure to act that is in violation of a medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One of these cases involves Teratogens. These drugs can cause birth defects that are serious. During pregnancy, doctors usually advise women to stay clear of this medication, which is used in the treatment of seizures. If a pregnant woman is exposed to this medication, she must file an insurance claim.

It is crucial to select an attorney who has experience in handling these types of cases. You should look for an attorney with extensive experience in this field. It also is on contingency, which means you don't pay anything until you win. Look for an attorney with excellent communication and negotiation skills. This will help ensure that you file your claim before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, that require costly medical treatment and accommodations for the child. Often, these conditions are genetic, but some of them are caused by environmental or chemical exposure, or the medications the mother consumed during pregnancy.

Pharmaceutical companies are required to test their products properly and inform the public of any potential risks. Unfortunately some pharmaceutical companies are not keeping up-to-date with the latest research or fail to anticipate potential side effects. Certain doctors prescribe dangerous drugs to their patients, and some women are not aware of the risks of using certain drugs during pregnancy. These medications, also known as teratogens can cause birth defects, like spina-bifida in the fetus.

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

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

Product Liability

Pregnancy is one of the most exciting and nerve-wracking times in a woman's life. But it's also a period when medical professionals can make mistakes that can cause birth defects. An experienced attorney can help parents in filing claims and getting the compensation they deserve against those responsible for the handicap of their child.

Medical experts are not always able determine the specific cause of birth defects, however many of them can be attributable to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals in the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.

The pharmaceutical companies and those who prescribe medications are also obliged to warn the public about their risks. However, a lot of these drugs are offered off-label to women of childbearing age without proper warnings about the possibility of birth defects. This is particularly relevant 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 are caused by exposure to toxic chemicals by parents such as those employed in semiconductor manufacturing or farming. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.