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Birth Defect Litigation

Some injuries are beyond the parents in their control. Families could be faced with huge bills when these injuries require expensive procedures and special care.

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

Statute of limitations

Modern medical technology and advances have helped to reduce risks related to pregnancy, childbirth and birth. However, birth defects and injuries still occur. Families must consider their legal options when they are preventable.

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any point in the birth, labor and delivery processes. Medical professionals may also be negligent after the birth of a baby in the event that they fail to provide appropriate treatment.

Generally speaking, the time limit for these cases is generally 2.5 years from the date of the occurrence of medical negligence. For infants, this period can be extended. It is essential to speak with an attorney immediately to ensure that all evidence is collected, 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 resulting from improper toxic and chemical exposures that occur during a mother's pregnancy. Lawyers specially trained in birth defects can look into these claims and pursue them on behalf of the family.

Parents should think about the following qualities when selecting an attorney to represent them in a lawsuit involving birth defects or injuries:

Medical Malpractice

Birth defects can lead to many physical or mental problems. Some of them could be fatal. Some of these problems are genetic, but others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional may be accused of negligence if they cause birth defects by their actions or inaction. These cases typically involve medical negligence during the birth or labor process. They can also be a result of any other act which falls below a standard of medical care, like, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One example is involving teratogens. These medications can lead to serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug she must make an action.

It is crucial to choose an attorney who has previous experience in these cases. Find a law firm that is experienced in this area and operates on the basis of a contingent fee, which means you won't have to pay a dime unless you succeed. Choose an attorney with excellent communication and negotiation skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities, which require expensive medical care and accommodations for the child. The majority of these problems are inherited, but a few of them are caused by environmental or chemical exposure, or the medications the mother was taking during pregnancy.

Drug makers are required to test their products properly and warn the public of any potential risks. Sadly, some pharmaceutical companies do not keep up with the latest research or anticipate possible side consequences. Certain doctors prescribe dangerous drugs to their patients. Moreover, some women are not informed about the risks associated with using certain drugs during pregnancy. These are known as teratogens. They can cause birth defects within the fetus. This includes spina bifida.

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

It is crucial to collect as many evidences as you can prior to filing a suit against the responsible parties. Included in this are any ultrasound images, blood tests, and medical bills that are incurred as a result. This helps the attorney establish the monetary value of the case.

Product Liability

Pregnancy is among the most exciting, but stressful experiences in the life of a woman. But it's also a time when many medical professionals make mistakes that can cause birth defects. A top lawyer can assist parents in filing a claim and obtaining the money they deserve from those responsible for the disability of their child.

Medical experts aren't always able determine the specific cause of birth defects, but many of them can be attributable to environmental or chemical exposure. This can include parental exposure to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

Manufacturers and those who prescribe medicines also have a duty to warn people about the dangers. Yet, a large percentage of these drugs are offered off-label to women who are pregnant age without adequate warnings about the potential for birth defect lawsuit defects. This is especially the case with 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 concentrates his practice on cases where birth defects result from exposure to toxic chemicals in the home by parents such as those that are used in the manufacture of semiconductors or in agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.