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Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur beyond their control. Families are left with huge bills when these injuries require costly procedures and special attention.

A New York birth defect attorney can assist parents in shock file a claim to get compensation for future expenses. However, the law has strict deadlines the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advancements have made it possible to reduce the risks associated with pregnancy, childbirth and birth. However birth defects and injuries do occur. Families should consider their legal options if they are preventable.

Many birth defect suits are based on allegations that medical malpractice occurred. These cases may involve errors made by nurses or doctors staff at any point during the birth process, including labor and pregnancy. Additionally medical professionals could be guilty of medical malpractice after the birth of a child in the event that they fail to provide proper care.

In general the statute of limitations for these cases are 2.5 years from the date of the medical negligence. For infants, this time period may be extended. It is important to consult a lawyer as soon as you can to ensure that all the evidence is collected, and that a timely complaint be filed.

In addition to medical malpractice, a suit can also be brought on behalf of a baby for birth defects caused by wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

Parents should take into consideration the following aspects when choosing an attorney to represent them in a suit for birth injury or defect:

Medical Malpractice

Birth defects can result in many mental or physical ailments. Some birth defects can cause death. Certain of these problems could be caused by genetics, while others are caused through exposure to the environment or prescription medications taken during pregnancy.

A medical professional or doctor may be accused of negligence in the event of causing birth defects through their actions or inaction. These cases usually are due to medical negligence during labor or delivery. However, they can also comprise any act or failure to act that falls short of the medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One instance of case is a medication called teratogens. This medication can cause serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should submit an insurance claim.

It is important that you select an attorney who has prior experience in these types of cases. Choose a law firm that specializes in this field and operates on the basis of a contingent fee, which means there is no cost unless you are successful. Choose an attorney with excellent communication and negotiation skills. This will help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require costly medical care and accommodations for the child. Often, these conditions are inherited, but a few of them may be caused by chemical or environmental exposure, or medications that the mother consumed during pregnancy.

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

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

When bringing lawsuits against the parties that are accountable for your child's health it is crucial to gather as much evidence as you can. Included in this are any ultrasound images as well as blood tests and medical bills that are incurred due to. This information will help the attorney assess the worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking experiences a woman can go through in her life. But it's also a period when medical professionals can make mistakes that could lead to birth defects. A top attorney can assist parents in submitting an appeal and gaining the compensation they deserve from the people responsible for the disabilities of their child.

Although the causes of birth defects are generally unknown to medical professionals but a large proportion of birth defects can be attributed to environmental or chemical exposure. This can include parental contact with toxic chemicals in the workplace, such as solvents and glycol ethers used in semiconductor manufacturing and chemical pesticides used in agriculture and spraying crops.

Furthermore, manufacturers and those who prescribe prescription medicines have a responsibility to inform patients of the risks. However, a lot of these drugs are marketed off-label to women who are pregnant age without warnings regarding the potential for birth defects. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases involving the occurrence of birth defects that result from parental exposure to toxic chemicals such as those used in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C. and Suffolk University Law School.