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Birth Defect Litigation

Some injuries are out of the parents of their control. If injuries that result from these accidents require special medical attention and expensive procedures, it can cause families to incur huge costs.

A New York birth defect lawyer can assist parents who are stunned to file an action and receive compensation to cover future costs. The law has strict time limits on when a claim can be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks that come with childbirth and pregnancy. Birth defects and injuries continue to occur. If they're preventable, families must consider their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases could involve mistakes made by doctors or nurses at any time during the birth, labor and delivery processes. In addition medical professionals could be guilty of medical malpractice after the birth of a child in the event that they fail to provide 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. But, it is crucial to seek legal counsel immediately to ensure that all evidence is gathered and that a timely claim can be filed.

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

Parents should consider the following aspects when choosing an attorney to represent their interests in a lawsuit filed for birth defect or injury:

Medical Malpractice

Birth defects can lead to various mental and physical problems. Certain birth defects can be fatal. Certain of these problems could be genetic while others are caused by exposure to environmental factors or prescription medications used during pregnancy.

A medical professional or doctor could be accused of malpractice in the event of causing birth defects through their actions or inaction. Most cases involve medical negligence during labor or delivery. However, they could also comprise any act or failure to act in excess of the medical standard of care, such as failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One such case involves teratogens. These medications can lead to birth defects that are serious. During pregnancy, doctors usually advise women to not take this medication, which is commonly used in the treatment of seizures. If a pregnant woman is exposed to this drug, she should make a claim.

It is essential to choose an attorney with previous experience in these cases. You should seek out a firm with extensive experience in this field. It also works on contingency, so you won't be charged nothing until you win. Also, search for a lawyer with strong communication and negotiation skills. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, that require costly medical treatment and accommodations for the child. These issues are often genetic, but they can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Drug makers are required to test their products correctly and inform the public of any potential dangers. Sadly, some pharmaceutical companies do not keep up with the latest research or foresee potential side effects. In addition, doctors can prescribe dangerous drugs to patients, and some women do not have adequate information about the risks associated with taking certain medications during pregnancy. These drugs, known as teratogens can cause birth defects, like spina-bifida that can occur in the fetus.

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

When filing a lawsuit against the parties accountable for your child's condition it is essential to gather as much evidence as possible. Included in this are any ultrasound images, blood tests, and medical bills incurred as a result. This information assists the attorney assess the value of the case.

Product Liability

Pregnancy can be one of the most exciting, yet stressful experiences in the life of a woman. It's also the time when medical professionals can make mistakes that result in birth defects. A reputable attorney can assist parents in submitting a claim and obtaining the amount they deserve from those responsible for the disability of their child.

While the causes of birth defects are generally unknown to medical experts however, many of them can be linked to exposure to chemicals or environmental factors. This could be due to contact by parents with toxic chemicals in the workplace, such as glycolethers and solvents utilized in semiconductor manufacturing and agricultural chemicals for pesticides and spraying of crops.

Furthermore, manufacturers and those who prescribe prescription medications are required to inform patients of the risks. A majority of these drugs are offered to women who are pregnant without warnings about the risk of birth defects. This is especially true for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice focuses on cases that involve the occurrence of birth defect law firms defects resulting from parental exposure to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C. and Suffolk University Law School.