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Birth Defect Litigation

Some injuries are beyond the parents or their control. Families can be left with a large bill when injuries require expensive procedures and special care.

A New York birth defect lawyer can assist parents in filing an appeal and obtain compensation to cover the cost of future expenses. The law has strict time limitations on when a claim can be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks associated with childbirth and pregnancy. Birth defects and injuries persist. If they're preventable families need to explore their legal options.

Many birth defect lawsuits are founded on allegations that medical malpractice occurred. These cases may involve errors made by doctors or nursing staff at any point during pregnancy, labor and birth. Medical professionals can also commit malpractice after the birth of a child in the event that they fail to provide appropriate treatment.

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

In addition to medical malpractice, a lawsuit may also be filed on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

Parents should consider the following factors when choosing an attorney to represent them in a suit for birth injury or defect:

Medical Malpractice

Birth defects can lead to an array of physical or mental problems. Some birth defects can be fatal. Some of these issues could be caused by genetics while others are triggered by environmental exposures or prescription drugs used during pregnancy.

A doctor or medical professional may be accused of negligence in the event of causing birth defects due to their actions or inaction. Most cases involve medical negligence during the birth or labor process. They may also involve any do something that is below the standard of medical care, for example not diagnosing an illness or prescribing incorrect medication during pregnancy.

One such case involves teratogens. These medications can lead to serious birth defects. When pregnant, doctors usually advise women to avoid taking this medication, which is used to treat seizures. If women are exposed to the drug it is recommended that she make an action.

It is important to select an attorney with experience handling these kinds of cases. You should look for a firm that has expertise in this area and is based on contingency, meaning that you don't have to pay any fees until you win. Look for an attorney who has outstanding negotiation and communication skills. This will help ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

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

Pharmaceutical companies are required to test their products properly and inform the public about any potential dangers. Unfortunately some pharmaceutical companies are not keeping up-to-date with the latest research or fail to anticipate possible adverse effects. Additionally, doctors can prescribe dangerous medications to their patients, and some women do not have adequate information about the dangers of taking certain medications during pregnancy. These drugs are referred to as teratogens, and they may cause birth defects in the fetus, such as spina Bifida.

Other substances that can cause birth defects include chemicals used in agriculture and manufacturing as well as heavy metals like mercury that are contaminating air or groundwater. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and substances that could affect their reproductive health and cause birth defects.

It is important to collect as much evidence as you can prior to making a claim against the responsible parties. This includes any blood tests, ultrasound images and medical bills that arise due to the birth defect. This information will help the attorney determine the worth of the case.

Product Liability

Pregnancy is among the most exciting and stressful experiences in women's lives. It's also the time when medical professionals can make mistakes that can lead to birth defects. A top attorney can help parents make a claim against those responsible for their child's condition and get the justice they deserve.

Although the causes of birth defects are usually unknown to medical experts, a significant number are linked with exposure to chemicals or the environment. This could be due to contact by parents with toxic chemicals at the workplace, like glycol ethers and solvents used in semiconductor manufacturing, and agricultural chemicals used for pesticides as well as spraying on crops.

The pharmaceutical companies and those who prescribe medication also have a duty to inform the public about the dangers of their products. Yet, a large percentage of these drugs are offered off-label for women of childbearing age without adequate warnings about the possibility of birth defect lawsuit 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 defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects result from exposure of parents to toxic chemicals, such as those employed in semiconductor manufacturing or agricultural. He graduated of the American University in Washington, D.C., and Suffolk University Law School.