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Birth Defect Litigation

Certain injuries are beyond the parents of their control. If injuries that result from these accidents require special medical attention and expensive procedures, it can cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents in filing a claim and get compensation to cover future costs. However, the law places strict deadlines for when a claim must be filed.

Statute of limitations

Modern medical technology and advancements in medical science have reduced the risks associated with childbirth, pregnancy and birth. However, birth defect law firms defects and injuries can still occur. Families should consider their legal options when they can be prevented.

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. Medical professionals may also be guilty of malpractice following the birth of a child in the event that they fail to provide appropriate treatment.

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

In addition to medical malpractice, a suit may 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 bring these cases on behalf of the family.

Parents should be aware of the following qualities when selecting an attorney to represent them in a lawsuit involving birth defects or injuries:

Medical Malpractice

Birth defects can cause many mental or physical issues. Some birth defects can be fatal. Some of these problems are inherited, while others are caused by exposure to environmental factors or the use of prescription drugs during pregnancy.

A medical professional or doctor may be accused of negligence in the event of causing birth defects through their actions or inaction. The majority of these cases are based on medical negligence during labor or delivery. They can also include any act of failure to be in compliance with a standard of medical care, such as not diagnosing an illness or prescribing the wrong medication during pregnancy.

One instance of case is a medication called teratogens. This medication can cause serious birth defects. During pregnancy, doctors usually advise women to not take this medication, which is used in the treatment of seizures. If women are exposed to the drug, then she must submit a claim.

It is essential to choose an attorney who has prior experience in these types of cases. Find a firm that is specialized in this area, and works on the basis of a contingent fee, which means there is no cost unless you are successful. Also, you should look for a lawyer who has excellent negotiation and communication abilities. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require costly medical care and accommodations for the child. Most of the time, these issues are genetic, however some of them can be caused by environmental or chemical exposure, or medications that the mother took while pregnant.

Drug manufacturers are required to test their products thoroughly and warn consumers of any risks. Unfortunately many pharmaceutical companies do not keep up with research or anticipate potential side effects. Some doctors recommend dangerous drugs to their patients and some women are not aware of the risks of taking certain medications while pregnant. These drugs are referred to as teratogens and can cause birth defects in the fetus including spina Bifida.

Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, as well as heavy metals such as 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 damage their reproductive health and lead to birth defects.

If you are filing lawsuits against the people accountable for your child's condition, it is important to gather the most evidence you can. Included in this are ultrasound images as well as blood tests and medical bills that are incurred due to. This will help the attorney determine the financial worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxiety-inducing experiences in women's lives. However, it's also a time where many medical professionals make mistakes that can lead to birth defects. A top attorney can assist parents in filing a claim and obtaining the compensation they deserve against those responsible for the handicap of their child.

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

Manufacturers and those who prescribe medications also have a duty to inform the public about their risks. However, a significant portion of these drugs are offered off-label to women of childbearing age without adequate warnings about the risk of birth 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 defects lawsuits against chemical and pharmaceutical companies. His practice is centered around cases involving the occurrence of birth defects caused by exposure of parents to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He graduated of the American University in Washington, D.C. as well as Suffolk University Law School.