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Birth Defect Litigation

Some injuries are beyond the parents in their control. Families can be left 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 limitations on when a claim may be filed.

Statute of Limitations

Modern technology and medical advancements have aided in reducing the risks associated with childbirth, pregnancy and birth. Birth defects and injuries do continue to occur. When they are preventable, families need to explore their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can result from mistakes made by nurses or doctors staff at any time during labor, birth and pregnancy. In addition medical professionals could be guilty of medical malpractice following a child's birth if they fail to provide the proper treatment.

In general, the statutes of limitation for these cases is 2.5 years after the date of the medical malpractice. This time period can be extended to infants. It is essential to talk with a lawyer whenever you can to ensure that all evidence is gathered, and that a timely complaint be filed.

In addition to medical malpractice, a suit may also be filed on behalf of an infant for birth defects caused by improper toxic and chemical exposures that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

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

Medical Malpractice

Birth defects can trigger numerous mental or physical ailments. Certain birth defects can cause death. Some of these issues may be caused by genetics, while others are caused by exposure to environmental factors or prescription drugs taken during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects by their actions or birth defect attorney inaction. These cases are usually due to medical negligence during delivery or labor. However, they may also include any act or failure to act that is in violation of the medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One example of this type of situation is a drug known as teratogens, which could cause serious birth defects. 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 drug, she should file a claim.

It is important that you choose an attorney who has expertise in these kinds of cases. Find 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. Look for an attorney with outstanding negotiation and communication skills. This will ensure that you make your claim in time before the time limit expires.

Prescription Drugs

A lot of birth defects can cause mental or physical disabilities, that require costly medical treatment and accommodations for the child. Most of the time, these issues are inherited, but a few of them can be caused by chemical or environmental exposure, or the medications the mother consumed during pregnancy.

Pharmaceutical manufacturers are required to test their products correctly and warn the public of any potential risks. Unfortunately, some pharmaceutical companies fail to keep up-to-date with current research or fail to anticipate potential adverse consequences. Moreover, doctors may prescribe dangerous medicines to their patients and some women do not receive adequate information on the dangers of taking certain drugs during pregnancy. These medications, also known as teratogens, may cause birth defects, such as spina-bifida, in the fetus.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury, which pollute groundwater and air. Diane Paolicelli's legal career has been focused on fighting powerful corporations that expose women to harmful chemicals and substances that may harm their reproductive health or lead to birth defects.

It is important to collect as the evidence you can prior to making a claim against the responsible parties. This includes blood tests, ultrasound images and medical bills incurred due to the birth defect. This helps the attorney establish the monetary value of the case.

Product Liability

Pregnancy is among the most exciting and anxiety-inducing experiences in the life of a woman. It's also a time when medical professionals are prone to making mistakes that lead to birth defects. A top attorney can assist parents in submitting claims and getting the amount they deserve from those who are responsible for the impairment of their child.

While the causes of birth defects are usually not understood by medical professionals however, many of them are linked with exposure to chemicals or the environment. This can be due to exposure by parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

In addition, manufacturers and those who prescribe prescription medications have a responsibility to inform consumers of the dangers. Yet, a substantial portion of these medications are sold off-label to women of childbearing age without warnings regarding the potential for birth defects. This is especially true for antidepressants like Prozac and Zoloft.

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