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Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur out of their control. Families could be faced with huge bills when these injuries require expensive procedures and special care.

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

Statute of Limitations

Modern technology and medical advances have helped reduce the risks that come with childbirth and pregnancy. birth defect attorney defects and injuries still occur. If they can be prevented, families should consider their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve mistakes made by nurses or doctors at any point in the labor and delivery processes. In addition medical professionals may be guilty of medical malpractice after the birth of a baby if they fail to provide proper treatment.

In general, the statutes of limitations in these cases is 2.5 years from the date of the medical error. For infants, this is sometimes extended. It is crucial to consult a lawyer whenever you can to ensure that all the evidence is gathered, and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit could 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 defend these claims on behalf of the family.

Parents should think about the following factors when choosing an attorney to represent them in a suit for birth defects or birth injuries:

Medical Malpractice

Birth defects can lead to various mental and physical issues. Some birth defects can cause death. Some of these issues may be caused by genetics, while others are caused by environmental exposures or prescription medications used during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defects through their actions or inaction. Most cases involve medical negligence during the birth or labor process. They can also be a result of any other be in compliance with a standard of medical treatment, for instance the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One such type of situation involves a drug known as teratogens, which could cause birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug, she must make a claim.

It is crucial to select an attorney who is experienced in handling these kinds of cases. Choose a law firm that has a specialization in this area and works on an on a contingency basis, meaning you don't have to pay any fees unless you are successful. Also, you should look for an attorney with excellent negotiation and communication skills. This will help to ensure that you make your claim in time before the time limit expires.

Prescription Drugs

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

Drug manufacturers have an obligation to adequately test their products and inform consumers of any risks. Unfortunately certain pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate potential adverse effects. Certain doctors prescribe dangerous drugs to their patients. Moreover, some women are not informed about the risks of taking certain medications while pregnant. These drugs, known as teratogens may cause birth defects such as spina-bifida, in the fetus.

Other substances that can cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury that can contaminate groundwater or air. Diane Paolicelli's legal career is focused on fighting powerful corporations that expose women to toxic chemicals and substances that could damage their reproductive health or lead to birth defects.

It is important to collect as many evidences as you can before making a claim against the party responsible. Included in this are ultrasound images and blood tests as well as medical bills incurred as a result. This information assists the attorney assess the worth of the case.

Product Liability

Pregnancy is among the most exciting, yet anxious experiences of the life of a woman. However, it's also a time when many medical professionals make mistakes that could cause birth defects. A top lawyer can help parents bring a lawsuit against those responsible for their child's disability and acquire the amount of compensation they deserve.

While the causes of birth defects are typically unknown to medical experts however, many of them can be attributed with exposure to chemicals or the environment. This can be due to exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in spraying crops and pesticides.

The manufacturers and the people who prescribe medication are also required to warn the public about the risks. A large number of these drugs are marketed to pregnant women without warnings of the possibility of birth defects. This is particularly applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects are caused by exposure to toxic chemicals in the home by parents, such as those used in semiconductor manufacturing or farming. He is a graduate of the American University in Washington, D.C. and Suffolk University Law School.