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birth defect lawsuit Defect Litigation

Some injuries are out of the parents in their control. Families may be left with huge bills when these injuries require expensive procedures and special attention.

A New York birth defect lawyer can assist parents who are shocked to file claims and receive compensation to pay for future expenses. The law has strict deadlines for when claims can be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks associated with pregnancy and childbirth. Birth defects and injuries continue to occur. If they can be prevented, families must explore their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can result from mistakes made by nurses or doctors personnel at any stage of pregnancy, labor and birth. Additionally medical professionals can be guilty of medical malpractice following the birth of a child if they fail to provide proper treatment.

Generally, the statute of limitations in these cases is generally 2.5 years from the date of the act of medical negligence. This time period can be extended for infants. It is crucial to consult a lawyer early enough to ensure that all evidence is collected, and that a timely complaint can be filed.

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

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

Medical Malpractice

Birth defects can cause an array of mental or physical ailments. Some of them may even be fatal. Some of these problems may be caused by genetics and others may be caused through exposure to the environment or prescription medications taken during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects by their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they could also include any act or inability to act that is not in the range of a medical standard of care, for instance, not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One such case involves teratogens. These drugs can cause birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug, she must submit a claim.

It is important to select an attorney who is experienced in handling these kinds of cases. It is best to choose an attorney who has expertise in this area and operates on contingency basis, which means you don't have to pay any fees until you win. Find an attorney who has great negotiation and communication skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities that require expensive medical treatment and accommodations for the child. Most of the time, these issues are genetically inherited, but some of them may be caused by chemical or environmental exposure or medication that the mother took during pregnancy.

Drug makers are required to adequately test their products and warn consumers about any risks. Sadly, some pharmaceutical companies do not keep up with the latest research or anticipate potential side effects. Certain doctors prescribe dangerous drugs to their patients, and some women are not informed about the risks associated with taking certain medications during pregnancy. These drugs, referred to as teratogens may cause birth defects, such as spina-bifida, in the fetus.

Other substances that could cause birth defects include chemicals used in manufacturing and agriculture 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 other substances that harm their reproductive health and cause birth defects.

When bringing an action against the parties who are responsible for your child's illness it is essential to gather as much evidence as possible. This includes any ultrasound images, blood tests and medical bills that came up because of the birth defect. This helps the attorney establish the monetary worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but nerve-wracking experiences in women's lives. It's also a time where many medical professionals can make mistakes that can lead to birth defects. A top lawyer can assist parents in submitting claims and getting the amount they deserve from those responsible for the disability of their child.

Although the causes of birth defects are often not understood by medical professionals however, a significant proportion are linked to environmental or chemical exposure. This can be due to exposure by parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

Manufacturers and those who prescribe medicines also have a duty to warn the public about their risks. A significant portion of these drugs is marketed to women who are pregnant, without warnings about the risk of birth defect. This is particularly applicable to 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 where birth defects result from exposure to toxic chemicals by parents such as those that are used in the manufacture of semiconductors or in agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.