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Birth Defect Litigation

Certain injuries are beyond the parents or their control. When these injuries require special medical attention and expensive procedures, it could leave families with huge expenses.

A New York birth defect lawyer can assist parents who are stunned to file an appeal and obtain compensation to cover future costs. The law has strict time limitations on when claims can be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks that come with childbirth and pregnancy. However birth defects and injuries can still occur. Families need to explore their legal options when they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors staff at any point during labor, pregnancy and birth. Medical professionals can also commit malpractice after the birth of a baby if they fail provide proper treatment.

In general the statute of limitations for these cases are 2.5 years from the date of the medical mistake. This time period can be extended to infants. It is nevertheless important to seek legal counsel immediately to ensure that all evidence is gathered and that a timely claim be filed.

A lawsuit may be filed on behalf of a child for birth defects caused by chemical and toxic exposures during pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

Parents should consider the following qualities when selecting an attorney to represent them in a suit for birth defects or birth injuries:

Medical Malpractice

Birth defects can lead to a variety of mental and physical ailments. Some of them may even be fatal. Some of these issues could be caused by genetics while others are caused by exposure to the environment or prescription medications used during pregnancy.

Medical professionals or doctors could be convicted of malpractice when they cause birth defects due to their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they could also comprise any act or failure to act that falls short of the medical standard of care, like failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One such case involves the teratogens. These medications can lead to serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug then she must make an insurance claim.

It is vital to select an attorney with prior experience in these types of cases. Choose a law firm that is specialized 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. Also, search for a lawyer who has excellent communication and negotiation abilities. This will ensure that you submit your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects can cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. These conditions are often caused by genetics, but can also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.

Drug manufacturers have an obligation to thoroughly test their products and warn consumers about any potential risks. Unfortunately certain pharmaceutical companies fail to keep up with the latest research or anticipate potential side consequences. Additionally, doctors can prescribe dangerous medicines to their patients and women may not have adequate information about the risks associated with taking certain drugs during pregnancy. These drugs are known as teratogens. They can cause birth defects within the fetus, such as spina Bifida.

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

When filing a lawsuit against the parties accountable for your child's condition it is essential to gather as much evidence as you can. This includes ultrasound scans, blood tests, and medical bills that came up because of the birth defect. This assists the attorney in determining the worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful events in a woman's lifetime. It's also the time that many medical professionals can make mistakes that can lead to birth defects. An experienced attorney can help parents in filing an appeal and gaining the compensation they deserve against the people responsible for the disabilities of their child.

Medical experts are not always able determine the root of birth defects, however many of them can be attributed to chemical or environmental exposure. This can include parental contact with toxic chemicals in the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as crop spraying.

Additionally, the manufacturers and the people who prescribe prescription medications are required to inform people about the risks. However, a lot of these medications are sold off-label to women of childbearing age without proper warnings about the risk of birth defect attorneys defects. This is especially relevant for antidepressants like Prozac and Zoloft.

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