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Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur outside of their control. Families can be left with a large bill when injuries require costly procedures and specialized care.

A New York birth defect lawyer can assist parents who are shocked to file an action and receive compensation to cover future costs. The law has strict time limitations on when a claim can be filed.

Statute of Limitations

Modern technology and medical advancements have helped reduce the risks that come with childbirth and pregnancy. However birth defects and injuries do occur. When they are preventable, families should consider their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any stage of the birth process, including labor and pregnancy. In addition medical professionals could be guilty of medical malpractice after the birth of a baby in the event that they fail to provide the proper treatment.

In general, the statutes of limitations in these cases are 2.5 years after the date of the medical error. The time limit may be extended for infants. But, it is crucial to seek legal advice as soon as possible to ensure that all evidence is gathered and that a timely claim be filed.

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

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

Medical Malpractice

Birth defects can lead to numerous mental or physical problems. Some birth defects can cause death. Some of these problems are caused by genetics, while others are caused by environmental exposures or the use of prescription medications during pregnancy.

A doctor or medical professional may be accused of negligence when they cause a birth defect 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 is not in the range of the medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One instance of situation involves a drug known as teratogens, which could cause serious birth defects. During pregnancy, doctors typically advise women to stay clear of this medication, which is commonly used in the treatment of seizures. If women are exposed to the drug, then she should submit an action.

It is essential to select an attorney who has previous experience in these cases. Find a law firm that specializes in this field and operates on an on a contingency basis, meaning there is no cost unless you win. Look for an attorney who has outstanding negotiation and communication skills. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

Drug manufacturers are required to adequately test their products and inform consumers of any potential risks. Unfortunately some pharmaceutical companies don’t keep up with the latest research or fail to anticipate possible adverse consequences. Certain doctors prescribe dangerous drugs to their patients, and some women aren’t aware of the dangers associated with taking certain medications during pregnancy. These medications are referred to as teratogens, and they can cause birth defects in the fetus. This includes spina bifida.

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

If you are filing lawsuits against the people accountable for your child’s condition It is crucial to gather the most evidence you can. This includes ultrasound images, blood tests, and medical bills that came up as a result of the birth defect. This information assists the attorney to determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet nerve-wracking experiences in the life of a woman. However, it’s also a time where medical professionals often make mistakes that can lead to birth defects. A top lawyer can assist parents in submitting a claim and obtaining the amount they deserve from those responsible for the handicap of their child.

Although the causes of birth defects are usually not understood by medical professionals but a large proportion of birth defects can be linked to environmental or chemical exposure. This can include exposure by parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying for crops and pesticides.

The pharmaceutical companies and those who prescribe medication must also warn people about the dangers. However, a significant portion of these drugs are sold off-label for women of childbearing age without adequate warnings about the potential for birth defects. This is particularly true for 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. He concentrates his practice on cases that involve the occurrence of birth defects that result from parental exposure to toxic chemicals, which includes the ones used in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.