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Birth Defect Litigation

Some injuries are beyond the parents of their control. Families can be left with a huge bill when injuries require costly procedures and special treatment.

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

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks that come with childbirth and pregnancy. Birth defects and injuries do continue to occur. If they can be prevented, families need to explore their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases can involve mistakes made by nurses or doctors staff at any stage of the birth process, including labor and pregnancy. In addition, medical professionals can commit medical malpractice following the birth of a baby if they fail to provide proper care.

Generally, the statute of limitations in these cases is 2.5 years from the date of the act of medical negligence. For infants this period may be extended. However, it is essential to seek legal advice early enough to ensure that all evidence is gathered and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit 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 bring these cases on behalf of the family.

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

Medical Malpractice

Birth defects can result in numerous mental or physical problems. Some of them may even be fatal. Certain of these problems could be caused by genetics, while others are caused by environmental exposures or prescription medications used during pregnancy.

A doctor or medical professional could be accused of malpractice in the event of causing birth defects by their actions or inaction. These cases usually are caused by medical negligence during labor or delivery. They may also involve any other do something that is below the standard of medical care, for example the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One example is involving teratogens. These medications can cause birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug she must make a claim.

It is important to choose an attorney who is experienced in handling these types of cases. Choose a law firm that specializes in this area and operates on an on a contingency basis, meaning you won't have to pay a dime unless you are successful. Additionally, you should choose a lawyer with strong communication and negotiation skills. This will help 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. Most often, these disorders are inherited, but a few of them are caused by chemical or environmental exposure, or by medications the mother took during pregnancy.

Pharmaceutical manufacturers are required to thoroughly test their products and inform consumers of any potential risks. Unfortunately many pharmaceutical companies fail to keep up with the latest research or anticipate possible side consequences. Some doctors recommend dangerous drugs to their patients and some women aren't aware of the risks associated with using certain drugs during pregnancy. These medications are referred to as teratogens, and they can cause birth defects in the fetus including spina Bifida.

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

If you are filing a lawsuit against the parties that are accountable for your child's health it is essential to gather the most evidence you can. Included in this are any ultrasound images or blood tests, as well as medical bills incurred due to. This allows the attorney to determine the monetary worth of the case.

Product Liability

Pregnancy is among the most exciting, but nerve-wracking experiences in a woman's lifetime. It's also the time when medical professionals are prone to making mistakes that cause birth defects. An experienced attorney can help parents in filing claims and getting the amount they deserve from those who are responsible for the impairment of their child.

Medical experts aren't always able to determine the root of birth defects, but a large number can be attributed to chemical or environmental exposure. This can be due to exposure by parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying for crops and pesticides.

In addition, manufacturers and those who prescribe prescription medications have a responsibility to warn people of their risks. A majority of these drugs are marketed to women who are expecting without warnings about the possibility of Birth Defect Lawsuit defects. This is particularly 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 focuses his practice on cases that involve the occurrence of birth defects caused by exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing as well as agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.