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Birth Defect Litigation

Parents want their children to be perfect However, some accidents happen beyond their control. If injuries that result from these accidents require special care and costly procedures, it can cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents in filing claims and receive compensation to cover future costs. However, the law has strict deadlines the time a claim has to be filed.

Statute of Limitations

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

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any time during the pregnancy, labor and delivery processes. In addition medical professionals may be guilty of medical malpractice following the birth of a baby by failing to provide the proper treatment.

Generally speaking, the statute of limitations in these cases is 2.5 years from when the act was committed of medical negligence. For infants, this time period can be extended. It is crucial to consult an attorney early enough to ensure that all evidence is gathered, and that a timely complaint can be filed.

In addition to medical malpractice, a suit can also be filed on behalf of a baby for birth defects that result from wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims 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 injuries:

Medical Malpractice

Birth defects can cause various mental and physical issues. Some of them may even be fatal. Some of these issues could be caused by genetics while others are caused through exposure to the environment or prescription drugs used during pregnancy.

A doctor or medical professional may be accused of negligence if they cause a birth defect through their actions or inaction. These cases are usually caused by medical negligence during delivery or labor. They can also be a result of any other perform a task that is not within the standard of medical care, such as, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One example involves Teratogens. These medications can cause serious birth defects. When pregnant, doctors usually advise women to stay clear of this medication, which is used in the treatment of seizures. If a pregnant woman is exposed to this medication, she must submit an insurance claim.

It is crucial to select an attorney with experience handling these types of cases. Choose a law firm that is specialized in this field and operates on the basis of a contingent fee, which means there is no cost unless you succeed. Find an attorney who has an excellent ability to communicate and negotiate. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, that require expensive medical treatment and accommodations for the child. These disorders are usually genetic, but they may also be caused by chemical or environmental exposure or medications taken by the mother during pregnancy.

Drug makers are required to ensure that their products are tested properly and warn the public of any risks that could be present. Sadly, some pharmaceutical companies fail to keep up with the latest research or anticipate the potential adverse consequences. In addition, doctors can prescribe dangerous medicines to their patients and women may not receive the correct information regarding the risks associated with taking certain medications during pregnancy. These drugs are referred to as teratogens, and they may cause birth defects in the fetus. This includes spina bifida.

Other substances that can cause birth defects include chemicals used in agriculture and manufacturing, as well as heavy metals, like mercury, which are contaminating the groundwater and air. Diane Paolicelli's legal career is dedicated to fighting powerful corporations who expose women to toxic chemicals and substances that may cause harm to their reproductive health and lead to birth defects.

If you decide to file an action against the parties that are accountable for your child's health it is crucial to gather as much evidence as possible. Included in this are ultrasound images and blood tests as well as medical bills incurred as a result. This will help the attorney determine the financial worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful events in a woman's lifetime. It's also the time that medical professionals are prone to making mistakes that cause birth defects. An experienced attorney can assist parents to file a claim against the medical professionals who are responsible for their child's disabilities and acquire the amount of compensation they deserve.

While the causes of birth defects are often unknown to medical experts however, birth defect lawyer a significant proportion can be attributed with exposure to chemicals or the environment. This could be due to contact by parents with toxic chemicals at the workplace, such as glycol ethers and solvents used in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and spraying of crops.

Additionally, the manufacturers and those who prescribe prescription medicines have a responsibility to inform patients of the risks. Yet, a substantial portion of these drugs are sold off-label for women of childbearing age, without warnings about the possibility of birth defects. This is particularly true for antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect law firms defects lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals in the home by parents, such as those employed in the manufacture of semiconductors or in agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.