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Birth Defect Litigation

Parents want perfect children However, some accidents happen beyond their control. If injuries that result from these accidents require special treatment and costly procedures, it could result in huge costs for families.

A New York birth defect attorney can help parents who are grieving and file an action to receive compensation for future expenses. However, the law places strict deadlines for the time a claim has to be filed.

Statute of Limitations

Modern medical technology and advances have aided in reducing the risks associated with childbirth, pregnancy and birth. However birth defects and injuries do occur. If they're preventable families must consider their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve errors committed by nurses or doctors at any point in the labor and delivery procedures. Medical professionals can also be negligent following the birth of a child when they fail to provide the proper treatment.

Generally speaking, the time limit for these cases is generally 2.5 years from the date of the act of medical negligence. For infants, this period may be extended. It is essential to speak with a lawyer immediately to ensure that all the evidence is gathered, and that a timely complaint be filed.

A lawsuit may be filed on behalf of a child in relation to birth defects that are caused by toxic and chemical 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 injuries:

Medical Malpractice

Birth defects can lead to numerous mental or physical ailments. Some birth defects may be fatal. Some of these problems are caused by genetics, while others are due to exposure to environmental factors or the use of prescribed drugs during pregnancy.

A medical professional or doctor could be accused of malpractice when they cause a birth defect through their actions or inaction. Most cases involve medical negligence during the birth or labor process. They can also be a result of any act which falls below a standard of medical care, such as the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of this type of case is a medication called teratogens. This medication can cause serious birth defects. During pregnancy, doctors typically recommend women not to take this medication, which is used to treat seizures. If a pregnant woman is exposed to this medication, she must make an insurance claim.

It is important that you choose an attorney with previous experience in these cases. Find a firm that is experienced in this area and works on a contingency basis, so you don't have to pay any fees unless you win. Find an attorney who has outstanding negotiation and communication skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

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

Drug manufacturers are required to test their products thoroughly and warn consumers of any risks. Unfortunately certain pharmaceutical companies are not keeping up with the latest research or fail to anticipate possible adverse consequences. Moreover, doctors may prescribe dangerous drugs to their patients and some women do not receive adequate information on the risks of taking certain medications during pregnancy. These drugs are known as teratogens and may cause birth defect lawsuit defects in the fetus including spina Bifida.

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

It is crucial to gather as many evidences as you can before filing a suit against the party responsible. This includes ultrasound scans, blood tests and medical bills that arise due to the birth defect. This information helps the attorney assess the 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 when medical professionals can make mistakes that could cause birth defects. An experienced attorney can help parents in submitting an appeal and gaining the compensation they deserve against those responsible for the disability of their child.

While the causes of birth defects are typically unknown to medical experts but a large proportion of birth defects can be linked to environmental or chemical exposure. This could include exposure of parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in pesticides and crop spraying.

Manufacturers and those who prescribe medications are also obliged to warn the public about the risks. However, a significant portion of these drugs are marketed off-label to women who are pregnant age without warnings regarding the potential for birth defects. This is especially applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases that involve the occurrence of birth defects that result from exposure of parents to toxic chemicals, which includes the ones used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.