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Birth Defect Litigation

Some injuries are out of the parents of their control. If these injuries require special medical attention and expensive procedures, it can cause families to incur huge costs.

A New York birth defect attorney can help parents shocked to file a claim to get compensation for future expenses. The law has strict time limitations for when claims can be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks associated with childbirth and pregnancy. However, birth defects and injuries do occur. Families need to consider their legal options when they can be prevented.

Many birth defect lawsuits are stemming from allegations of medical malpractice that occurred. These cases could involve mistakes made by nurses or doctors staff at any time during pregnancy, labor and birth. Additionally medical professionals could be guilty of medical malpractice after the birth of a baby if they fail to provide proper care.

In general, the statutes of limitations in these cases is 2.5 years after the date of the medical mistake. For birth defects infants, this is sometimes extended. But, it is crucial to seek legal advice as soon as you can 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 an infant for birth defects caused by wrongful exposure to chemicals and toxic substances that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

When choosing an attorney for a birth injury or defect lawsuit parents should look for the following characteristics:

Medical Malpractice

Birth defects can result in a wide range of mental or physical issues. Some birth defects can cause death. Certain of these problems could be caused by genetics while others are triggered by environmental exposures 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 due to medical negligence during labor or delivery. However, they can also comprise any act or failure to act in excess of the medical standard of care, like 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 serious birth defects. During pregnancy, doctors typically advise women to stay clear of this medication, which is utilized in the treatment of seizures. If the woman is exposed to the drug, she must make a claim.

It is essential to choose an attorney who has expertise in these kinds of cases. Look for a law firm that is experienced in this area, and works on the basis of a contingent fee, which means you won't have to pay a dime unless you win. Find an attorney who has an excellent ability to communicate and negotiate. 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 costly medical treatment and accommodations for the child. These problems are usually genetic, but they may also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Drug makers are required to adequately test their products and inform consumers of any potential risks. Sadly certain pharmaceutical companies do not keep up with research or anticipate the potential adverse effects. Some doctors recommend dangerous drugs to their patients, and some women are not informed about the dangers associated with taking certain medications during pregnancy. These are known as teratogens, and they can cause birth defects in the fetus including spina Bifida.

Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury which pollute groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to harmful chemicals and substances that affect their reproductive health and cause birth defects.

When filing lawsuits against the parties responsible for your child's condition, it is important to gather as much evidence as possible. This includes ultrasound scans, blood tests, and medical bills that came up as a result of the birth defect. This information will help attorneys determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but stressful experiences in women's lives. But it's also a period when medical professionals can make mistakes that could cause birth defects. An experienced attorney can help parents to file a claim against the medical professionals responsible for their child's disability and get the proper compensation they're entitled to.

Although the causes of birth defects are generally unknown to medical professionals but a large proportion of birth defects are linked to exposure to chemicals or environmental causes. This can include exposure by parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for spraying crops and pesticides.

Additionally, the manufacturers and those who prescribe prescription medicines have a responsibility to warn people of their risks. However, a significant portion of these drugs are marketed off-label to women who are pregnant age, without warnings about the risk of birth defects. This is particularly applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases involving the occurrence birth defects due to exposure of parents to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.