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Birth Defect Litigation

Certain injuries are beyond the parents' control. Families are left with a huge bill when injuries require expensive procedures and special attention.

A New York birth defect attorney can assist parents who are in shock to file a claim to get compensation for future expenses. The law has strict deadlines on when a claim can be filed.

Statute of Limitations

Modern technology and medical advancements have reduced the risks associated with pregnancy, childbirth and birth. However, birth defects and injuries still occur. If they're preventable, families should consider their legal options.

Many birth defect suits are based on claims of medical malpractice. These cases could involve mistakes made by doctors or nursing staff at any time during pregnancy, labor and birth. Medical professionals may also be guilty of malpractice following the birth of a baby when they fail to provide the proper treatment.

Generally, the time-limit for these cases is 2.5 years from when the act was committed of medical negligence. The time frame may be extended for infants. It is nevertheless important to seek legal advice as soon as you can to ensure that all evidence has been collected and that a timely claim can be filed.

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

Parents should be aware of the following qualities when selecting an attorney to represent them in a suit for birth injury or defect:

Medical Malpractice

Birth defects can result in an array of mental or physical ailments. Certain birth defects can cause death. Some of these issues are inherited, while others are due to environmental exposures or the use of prescribed drugs during pregnancy.

A medical professional or doctor could be accused of misconduct in the event of causing a birth defect through their actions or inaction. These cases usually involve medical negligence during labor or delivery. However, they can include any act or failure to act that is not in the range of the medical standard of care, such as not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One example of situation involves a drug called teratogens. This medication can cause serious birth defects. During pregnancy, doctors usually advise women to stay clear of this medication, which is utilized in the treatment of seizures. If a pregnant woman is exposed to this drug, she should submit an insurance claim.

It is vital to choose an attorney with prior experience in these types of cases. Choose a law firm that has a specialization in this area and works on the basis of a contingent fee, which means you don't pay anything unless you are successful. Also, look for an attorney with excellent negotiation and communication abilities. This will ensure that you make your claim in time before the time limit expires.

Prescription Drugs

A variety of birth defects cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. These problems are usually genetic, but they may also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.

Drug manufacturers are required to ensure that their products are tested properly and warn consumers of any potential risks. Unfortunately many pharmaceutical companies do not keep up with the latest research or anticipate possible side effects. Furthermore, doctors may prescribe dangerous medications to their patients and women may not get proper information about the dangers of taking certain drugs during pregnancy. These drugs, also known as teratogens may cause birth defects, such as spina-bifida that can occur in the fetus.

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

It is crucial to collect as much evidence as you can prior to making a claim against the responsible parties. This includes any ultrasound images, blood tests and medical bills incurred as a result of the birth defect. This assists the attorney in determining the monetary worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking experiences in a woman's lifetime. But it's also a period where many medical professionals make mistakes that could lead to birth defects. A reputable attorney can assist parents in submitting claims and getting the amount they deserve from those who are responsible for the impairment of their child.

Medical experts are not always able of determining the causes of birth defects, but the majority of them can be attributed to chemical or environmental exposure. This can be due to exposure by parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in spraying for crops and pesticides.

The pharmaceutical companies 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 warnings about the possibility of 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 defects lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects result from exposure to toxic chemicals in the home by parents such as those employed in semiconductor manufacturing or agricultural. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.