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Birth Defect Litigation

Some injuries are beyond the parents' control. If injuries that result from these accidents require special care and costly procedures, it can cause families to be faced with massive costs.

A New York birth defect attorney can assist parents who are grieving and file an appeal to be compensated for future expenses. The law has strict deadlines on when a claim may be filed.

Statute of Limitations

Modern technology and medical advancements have reduced the risks related to pregnancy, childbirth and birth. However birth defects and injuries do occur. Families must consider their legal options when they are preventable.

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 pregnancy, labor and delivery processes. In addition, medical professionals can commit medical malpractice after the birth of a child when they fail to provide proper treatment.

Generally, the time limit for these cases is 2.5 years from the date of the occurrence of medical negligence. For infants, this period can be extended. It is important to consult an attorney as soon as you can to ensure that all evidence is gathered and that a timely complaint can be filed.

In addition to medical malpractice, a suit can also be filed on behalf of a baby for birth defects caused by wrongful exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defects lawyers can look into these claims and prosecute them on behalf of the family.

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

Medical Malpractice

Birth defects can trigger an array of mental or physical problems. Certain birth defects could be fatal. Some of these issues are inherited, whereas others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

A medical professional or doctor could be accused of misconduct when they cause birth defects by their actions or inaction. These cases usually involve medical negligence during labor or delivery. However, they can also be a result of any action or failure to act that is not in the range of a medical standard of care, such as failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One such case involves Teratogens. These medications can lead to serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must file an insurance claim.

It is vital to select an attorney who has expertise in these kinds of cases. Find a law firm that specializes in this field and operates on the basis of a contingent fee, which means you don't have to pay any fees unless you succeed. Choose an attorney with outstanding negotiation and communication skills. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require costly medical treatment and accommodations for the child. Most often, these disorders are inherited, but a few of them can be caused by chemical or environmental exposure, or medications that the mother took during pregnancy.

Drug manufacturers have an obligation to test their products thoroughly and inform consumers of any potential risks. Unfortunately certain pharmaceutical companies fail to keep up with the latest research or foresee potential side consequences. Furthermore, doctors may prescribe dangerous drugs to patients and some women do not have adequate information about the risks of taking certain medications during pregnancy. These are known as teratogens. They can cause birth defects within the fetus, including spina Bifida.

Other substances that could cause birth defect attorneys defects are chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury, which contaminate air or groundwater. Diane Paolicelli's legal profession has been dedicated to fighting powerful corporations who expose women to harmful chemicals and substances that may affect their reproductive health or lead to birth defects.

If you decide to file lawsuits against the parties accountable for your child's condition it is essential to gather as much evidence as you can. This includes any ultrasound scans, blood tests and medical bills that came up as a result of the birth defect. This information helps attorneys determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, and stressful experiences in women's lives. It's also a time when medical professionals can make mistakes that result in birth defects. An experienced attorney can help parents in filing a claim and obtaining the compensation they deserve against those who are responsible for the impairment of their child.

While the causes of birth defects are typically unknown to medical experts however, many of them are linked to exposure to chemicals or environmental causes. This could include exposure of parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in spraying for crops and pesticides.

The pharmaceutical companies and those who prescribe medicines must also warn people about the dangers. A significant portion of these medications are sold to women who are expecting without warnings of the possibility of birth defect. This is particularly true for antidepressants like 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 where birth defects are caused by exposure to toxic chemicals by parents, such as those used in semiconductor birth defect lawsuits manufacturing or farming. He is a graduate of the American University in Washington, D.C. as well as Suffolk University Law School.