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Birth Defect Litigation

Parents want perfect children However, some injuries occur outside of their control. Families could be faced with huge debts when these injuries require expensive procedures and specialized care.

A New York birth defect attorney can help parents in shock file an appeal to be compensated for future expenses. However, the law puts strict deadlines when a claim should be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks associated with pregnancy and childbirth. However birth defects and defects injuries continue to occur. If they're preventable, families must explore their legal options.

Many birth defect lawyer defect lawsuits are based upon allegations of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any time during labor and birth procedures. Medical professionals can also be negligent following the birth of a child in the event that they fail to provide appropriate treatment.

Generally, the time-limit for these cases is generally 2.5 years from the date of the act of medical negligence. The time limit is extended for infants. It is important to consult a lawyer early enough to ensure that all the evidence is collected, 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 that result from wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

Parents should take into consideration the following aspects when choosing an attorney to represent them in a lawsuit for birth defects or injuries:

Medical Malpractice

Birth defects can trigger numerous physical or mental problems. Some birth defects can cause death. Some of these problems may be caused by genetics and others may be caused through exposure to the environment or prescription medications taken during pregnancy.

A medical professional or doctor could be accused of malpractice if they cause birth defects through their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they can also include any act or failure to act that is not in the range of the medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One such type of situation involves a drug called teratogens, which can cause serious birth defects. In the course of pregnancy, doctors generally advise women to stay clear of this medication, which is used in the treatment of seizures. If an individual is exposed to the drug, she must file an insurance claim.

It is essential to select an attorney with experience handling these types of cases. You should seek out an attorney with extensive experience in this field. It also operates on contingency basis, which means you don't have to pay anything until you win. Find an attorney who has great negotiation and communication skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, which require expensive medical care and accommodations for the child. These problems are usually genetic, but they may also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Drug makers are required to test their products thoroughly and warn consumers about any potential risks. Unfortunately some pharmaceutical companies don't keep up to date with the latest research or fail to anticipate potential adverse effects. Certain doctors prescribe dangerous medications to their patients, and some women are not aware of the risks associated with taking certain medications during pregnancy. These drugs are referred to as teratogens. They can cause birth defects in the fetus, such as spina bifida.

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

When bringing lawsuits against the parties accountable for your child's condition it is crucial to gather as much evidence as possible. Included in this are any ultrasound images as well as blood tests and medical bills that are incurred as a result. This information assists attorneys determine the worth of the case.

Product Liability

Pregnancy is among the most exciting and stressful experiences in a woman's lifetime. However, it's also a time where many medical professionals make mistakes that can cause birth defects. An experienced attorney can help parents in submitting an appeal and gaining the amount they deserve from those responsible for the handicap of their child.

Although the causes of birth defects are usually unknown to medical experts but a large proportion of birth defect attorneys defects can be attributed with exposure to chemicals or the environment. This could be due to contact by parents with toxic chemicals at the workplace, for example glycolethers and solvents utilized in semiconductor manufacturing and agricultural chemicals used for pesticides and spraying on crops.

Additionally, the manufacturers and the people who prescribe prescription medications have a responsibility to inform patients of the risks. Yet, a large percentage of these drugs are marketed off-label for women of childbearing age without adequate warnings about the potential for birth defects. This is particularly true for antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. His practice is centered around cases involving the development of birth defects resulting from exposure of parents to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.