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Birth Defect Litigation

Parents want perfect children However, some injuries occur outside their control. Families can be left with a huge bill when injuries require expensive procedures and special care.

A New York birth defect lawyer can assist parents in filing an appeal and obtain compensation to pay for future expenses. However, the law puts strict deadlines for when a claim should be filed.

Statute of Limitations

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

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 labor, birth and pregnancy. In addition medical professionals can be guilty of medical malpractice after a child's birth if they fail to provide the proper treatment.

Generally speaking, the time limit for these cases is 2.5 years from the date of the occurrence of medical malpractice. For infants this is sometimes extended. It is important to consult a lawyer immediately to ensure that all evidence is gathered and that a timely complaint can be filed.

In addition to medical malpractice, a suit can also be brought on behalf of an infant for birth defects caused by improper toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

Parents should think about the following factors when choosing an attorney to represent them in a suit for birth defect or injury:

Medical Malpractice

Birth defects can trigger many mental or physical ailments. Some may even be fatal. Some of these problems 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 due to their actions or inaction. These cases typically are due to medical negligence during delivery or labor. They may also involve any act of failure to be in compliance with a standard of medical treatment, for instance, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One example involves teratogens. These medications can lead to birth defects that are serious. When pregnant, doctors usually advise women to stay clear of this medication, which is used in the treatment of seizures. If women are exposed to the drug, she must file a claim.

It is essential to select an attorney who is experienced in handling these types of cases. You should choose a firm with years of experience in this field and is on contingency, which means you won't have to pay anything until you are successful. Look for an attorney who has great negotiation and communication skills. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defect law firms defects can cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. Often, these conditions are inherited, but a few can be caused by environmental or chemical exposure, or by medications the mother was taking during pregnancy.

Drug manufacturers are required to ensure that their products are tested properly and warn consumers about any risks. Unfortunately some pharmaceutical companies fail to keep up with the latest research or fail to anticipate potential side consequences. Certain doctors prescribe dangerous medications to their patients and some women are not aware of the dangers associated with using certain drugs during pregnancy. These drugs, referred to as teratogens, can cause birth defects such as spina-bifida in the fetus.

Other substances that may cause birth defects are chemicals used in manufacturing and agriculture and heavy metals such as mercury, which are contaminating the groundwater or air. Diane Paolicelli's legal profession has been dedicated to fighting powerful corporations that expose women to toxic substances and chemicals that can cause harm to their reproductive health and cause birth defects.

When bringing lawsuits against the people accountable for your child's condition, it is important to gather the most evidence you can. This includes any ultrasound images, blood tests and medical bills that came up as a result of the birth defect. This information helps the attorney assess the worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful events in a woman's lifetime. It's also the time that medical professionals are prone to making mistakes that result in birth defects. A reputable attorney can assist parents in filing claims and getting the amount they deserve from those responsible for the handicap of their child.

Medical experts are not always able to pinpoint the root of birth defects, however most 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 solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used in spraying for crops and pesticides.

The manufacturers and the people who prescribe medication are also obliged to inform the public about the dangers of their products. A large portion of these drugs are marketed to women who are expecting without warnings of the possibility of birth defect. This is especially true for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases where birth defects result from exposure of parents to toxic chemicals, such as those employed in semiconductor manufacturing or agriculture. He graduated of the American University in Washington, D.C. as well as Suffolk University Law School.