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Birth Defect Litigation

Certain injuries are beyond the parents of their control. If these injuries require special treatment and costly procedures, it can leave families with huge expenses.

A New York birth defect attorney can help parents grieving and file an action to receive compensation for future expenses. The law has strict time limitations on when a claim may be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries can still occur. If they can be prevented, families must explore their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing staff at any stage of labor, pregnancy and birth. Medical professionals can also be guilty of malpractice following the birth of a child by failing to provide the correct treatment.

In general, the statutes of limitation for these cases are 2.5 years after the date of the medical error. This time period can be extended for infants. It is essential to talk with an attorney whenever you can to ensure that all evidence is gathered and that a timely complaint can be filed.

A lawsuit can be filed on behalf of a baby for birth defects caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

When choosing an attorney for a birth injury or defect lawsuit parents should be looking for the following characteristics:

Medical Malpractice

Birth defects can trigger numerous mental or physical problems. Certain birth defects can cause death. Some of these issues are inherited, whereas others are due to exposure to environmental factors or the use of prescribed drugs during pregnancy.

A doctor or medical professional may be accused of negligence if they cause birth defects through their actions or inaction. These cases usually are due to medical negligence during delivery or labor. However, they can comprise any act or failure to act that falls short of the medical standard of care, such as failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One such type of case is a medication called teratogens. This medication can cause birth defects that are serious. In the course of pregnancy, doctors generally advise women to not take this medication, which is commonly used to treat seizures. If a pregnant woman is exposed to this medication, she must file a claim.

It is essential to select an attorney who has experience in handling these types of cases. You should choose a firm with experience in this field and is based on contingency, meaning that you won't be charged anything until you are successful. Also, search for an attorney with excellent negotiation and communication abilities. This will help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

A variety of birth defects cause physical or mental disabilities that require costly medical treatment and accommodations for the child. These issues are often caused by genetics, but can also be caused by chemical or environmental exposure or medication taken by the mother during pregnancy.

Drug manufacturers have an obligation to adequately test their products and warn consumers of any risks. Sadly certain pharmaceutical companies fail to keep up with the latest research or anticipate possible side consequences. Certain doctors prescribe dangerous medications to their patients and some women are not informed about the risks of taking certain drugs while pregnant. These are known as teratogens and can cause birth defects in the fetus. This includes spina bifida.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury, which 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 cause birth defects.

If you decide to file a lawsuit against the parties who are responsible for your child's illness it is crucial to gather as much evidence as possible. Included in this are any ultrasound images or blood tests, as well as medical bills that are incurred as a result. This information will help attorneys determine the worth of the case.

Product Liability

Pregnancy is among the most exciting and stressful experiences in women's lives. But it's also a time where many medical professionals make mistakes that could lead to birth defects. A reputable attorney can assist parents in filing an action and obtaining the amount they deserve from those responsible for the disability of their child.

Medical professionals aren't always able of determining the exact cause of birth defects, but the majority of them can be caused by environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.

In addition, the manufacturer and those who prescribe prescription medicines have a responsibility to inform people of their risks. However, a lot of these medications are sold off-label for women of childbearing age without warnings regarding the risk of birth defects. This is particularly relevant 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 involving the occurrence birth defects caused by exposure of parents to toxic chemicals such as the ones used in semiconductor manufacturing and agriculture. He is a graduate from the American University in Washington, D.C., and Suffolk University Law School.