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Birth Defect Litigation

Some injuries are beyond the parents of their control. If injuries that result from these accidents require special care and costly procedures, it could cause families to be faced with massive costs.

A New York birth defect attorney can assist parents who are in shock to file claims to obtain compensation for future expenses. The law has strict time limits on when a claim can be filed.

Statute of limitations

Modern medical technology and advancements in medical science have helped to reduce risks that are associated with childbirth, Birth defect lawsuit pregnancy and birth. Birth defect lawsuit (www.my-Idea.net) defects and injuries remain a possibility. If they're preventable, families must explore their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes made by doctors or nursing staff at any time during pregnancy, labor and birth. Additionally, medical professionals can commit medical malpractice following a child's birth defect lawyer if they fail to provide the correct treatment.

In general, the statutes of limitations for these cases are 2.5 years from the date of the medical negligence. For infants this can be extended. However, it is important to seek legal counsel immediately to ensure that all evidence is obtained and that a timely claim be filed.

A lawsuit can be filed on behalf of a child for birth defects caused by chemical and toxic exposures during pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

When choosing an attorney to represent them in a birth defect or birth injury lawsuit, parents should look for the following characteristics:

Medical Malpractice

Birth defects can result in many physical or mental problems. Some of them may even be fatal. Some of these issues are inherited, while others are caused by exposure to the environment or the use of prescribed drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects through their actions or inaction. These cases are usually caused by medical negligence during labor or delivery. They can also include any other act which falls below a standard of medical care, like not diagnosing an illness or prescribing incorrect medication during pregnancy.

One example involves the teratogens. These medications can lead to serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug then she should submit an insurance claim.

It is crucial to select an attorney who has handled these types of cases. Find a firm that is experienced in this area, and works on an hourly basis, which means you won't have to pay a dime unless you are successful. Find an attorney who has an excellent ability to communicate and negotiate. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require costly medical care and accommodations for the child. Most of the time, these issues are genetic, however some of them may be caused by environmental or chemical exposure or medication that the mother consumed during pregnancy.

Drug manufacturers have an obligation to adequately test their products and inform consumers of any risks. Sadly some pharmaceutical companies fail to keep up with the latest research or foresee potential side consequences. Furthermore, doctors may prescribe dangerous drugs to their patients and women may not receive adequate information on the risks of taking certain drugs during pregnancy. These drugs, also known as teratogens can cause birth defects, such as spina-bifida in the fetus.

Other substances that may cause birth defects include chemicals used in agriculture and manufacturing as well as heavy metals, like mercury, which are contaminating the groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that could cause harm to their reproductive health and cause birth defects.

It is essential to gather as the evidence you can prior to filing a suit against the party responsible. Included in this are ultrasound images, blood tests, and medical bills incurred due to. This will help the attorney determine the worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. It's also a time where medical professionals often make mistakes that could lead to birth defects. An experienced attorney can help parents file a claim against those accountable for their child's handicap and receive the amount of compensation they deserve.

Medical professionals aren't always able to determine the specific cause of birth defects, but many of them can be due 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 agricultural chemicals for pesticides and spraying crops.

Manufacturers and those who prescribe medication are also required to inform people about the dangers. A majority of these medications are sold to pregnant women without warnings about the risk of birth defect. This is especially the case with antidepressants such as 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 of birth defects caused by exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.