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Birth Defect Litigation

Certain injuries are beyond the parents' control. Families may be left with a large bill when injuries require costly procedures and special attention.

A New York birth defect attorney can help parents who are in shock file an action to receive compensation for future expenses. However, the law imposes strict deadlines when a claim should be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks that come with childbirth and pregnancy. However birth defect case defects and injuries continue to occur. If they're preventable, families must consider their legal options.

Many birth defect suits are made on the basis of claims of medical malpractice. These cases can involve errors made by nurses or doctors at any point in the pregnancy, labor and delivery processes. In addition medical professionals can be guilty of medical malpractice following the birth of a baby if they fail to provide proper care.

In general, the statutes of limitation for these cases is 2.5 years after the date of the medical error. For infants, this time is sometimes extended. However, it is important to seek legal advice immediately to ensure that all evidence is collected and that a timely claim be filed.

A lawsuit may be filed on behalf of a child for birth defects that are caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers are able to investigate these claims and pursue them on behalf of the family.

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

Medical Malpractice

Birth defects can trigger numerous mental or physical ailments. Some of them could be fatal. Some of these issues are inherited, while others are due to exposure to the environment or the use of prescription medications during pregnancy.

Medical professionals or doctors may be accused of malpractice when they cause birth defects by their actions or inaction. These cases usually are based on medical negligence in labor or delivery. They may also involve any act of failure to be in compliance with a standard of medical care, such as failing to recognize an illness or prescribing incorrect medication during pregnancy.

One example involves Teratogens. These medications can lead to serious birth defect settlement defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug, then she should make an action.

It is important to choose an attorney with experience handling these types of cases. Find a law firm that specializes in this field and operates 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 your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defect case defects can cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. Most of the time, these issues are genetic, but some can be caused by environmental or chemical exposure, or by medications the mother was taking during pregnancy.

Pharmaceutical companies are required to test their products thoroughly and warn the public of any risks that could be present. Unfortunately, some pharmaceutical companies don't keep up-to-date with current research or fail to anticipate possible side effects. Certain doctors prescribe dangerous drugs to their patients and some women aren't aware of the risks associated with taking certain drugs while pregnant. These are known as teratogens. They could cause birth defects in the fetus, such as spina bifida.

Other substances that can cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals such as mercury that can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that can harm their reproductive health and cause birth defects.

It is essential to gather as the evidence you can before making a claim against the party responsible. This includes any ultrasound images, blood tests and medical bills that came up as a result of the birth defect. This allows the attorney to determine the financial value of the case.

Product Liability

Pregnancy is among the most exciting, but stressful experiences in women's lives. It's also a time when medical professionals can make mistakes that lead to birth defects. An experienced attorney can help parents file a claim against those responsible for their child's condition and get the proper compensation they're entitled to.

While the causes of birth defects are often unknown to medical professionals however, a significant proportion can be linked to exposure to chemicals or environmental causes. This may include contact by parents with toxic chemicals in the workplace, like solvents and glycol ethers used in semiconductor manufacturing as well as agricultural chemicals used for pesticides and Birth Defect Attorney spraying on crops.

In addition, the manufacturer and the people who prescribe prescription medications are required to inform people of their risks. However, a lot of these medications are sold off-label for women of childbearing age without warnings regarding the risk of birth defects. This is particularly applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. His practice focuses on cases involving the occurrence birth defects due to exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C. and Suffolk University Law School.