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Birth Defect Litigation

Certain injuries are beyond the parents or their control. If injuries that result from these accidents require special medical attention and expensive procedures, it could leave families with huge expenses.

A New York birth defect lawyer can assist parents who are stunned to file an action and receive compensation to cover future expenses. However, the law has strict time limitations on the time a claim has to be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks associated with childbirth and pregnancy. However, birth defects and injuries do occur. Families need to explore their legal options when they are preventable.

Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing staff at any stage of labor, birth and pregnancy. In addition medical professionals could be guilty of medical malpractice following a child's birth if they fail to provide the correct treatment.

In general the statute of limitations for these cases is 2.5 years after the date of the medical negligence. For infants, this period may be extended. It is nevertheless important to seek legal advice early enough to ensure that all evidence is obtained and that a timely claim be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of an infant for birth defects that result from wrongful exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

Parents should be aware of the following qualities when selecting an attorney to represent them in a suit for birth injury or defect:

Medical Malpractice

Birth defects can result in a wide range of mental or physical problems. Some birth defects can cause death. Some of these problems are inherited, whereas others are caused by exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause a birth defect through their actions or inaction. The most common cases involve medical negligence during labor or delivery. However, they may also be a result of any action or failure to act that is in violation of the medical standard of care, like failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One example of this type of situation is a drug known as teratogens, which could cause serious birth defects. During pregnancy, doctors typically advise women to avoid taking this medication, which is commonly used to treat seizures. If women are exposed to the drug then she must make an insurance claim.

It is vital to select an attorney who has previous experience in these cases. Choose a law firm that specializes in this area, and works on an hourly basis, which means you won't have to pay a dime unless you succeed. Also, you should look for a lawyer with strong communication and negotiation skills. This will help to ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, which require expensive medical care and accommodations for the child. The majority of these problems are genetic, but some of them may be caused by environmental or chemical exposure, or by medications the mother was taking during pregnancy.

Pharmaceutical manufacturers are required to test their products correctly and inform the public about the potential dangers. Unfortunately some pharmaceutical companies fail to keep up to date with the latest research or fail to anticipate possible side effects. Some doctors recommend dangerous drugs to their patients. Some women are not aware of the risks of taking certain medications during pregnancy. These medications are referred to as teratogens and can cause birth defects in the fetus. This includes spina bifida.

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

When filing lawsuits against the parties that are accountable for your child's health it is essential to gather as much evidence as possible. This includes any blood tests, ultrasound images and medical bills that arise due to the birth defect. This information will help the attorney assess the worth of the case.

Product Liability

Pregnancy is among the most exciting, but anxiety-inducing experiences in the life of a woman. However, it's also a time when medical professionals can make mistakes that could cause birth defect law firms defects. An experienced attorney can help parents to file a claim against the medical professionals responsible for their child's condition and acquire the compensation they deserve.

Although the causes of birth defects are typically unknown to medical experts but a large proportion of birth defects are linked to environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.

The manufacturers and the people who prescribe medicines are also required to warn the public about their risks. However, a lot of these drugs are offered off-label to women of childbearing age without proper warnings about the possibility of birth defects. This is especially true for antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in Birth defect (http://gwwa.yodev.net/) lawsuits against chemical and pharmaceutical companies. His practice is centered around cases that involve the occurrence of birth defects resulting from parental exposure to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.