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Birth Defect Litigation

Parents want their children to be perfect, but some injuries happen out of their control. If injuries that result from these accidents require special medical attention and expensive procedures, it could cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents in filing claims and receive compensation to pay for future expenses. However, the law imposes strict deadlines on when a claim needs to be filed.

Statute of limitations

Modern technology and medical advances have helped reduce the risks associated with childbirth and pregnancy. However birth defects and injuries can still occur. Families need to explore their legal options when they can be prevented.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any time during labor, pregnancy and birth. In addition medical professionals may be guilty of medical malpractice following the birth of a child, when they fail to provide the correct treatment.

In general, the statutes of limitation for these cases is 2.5 years from the date of the medical error. For infants, the time period can be extended. It is essential to talk with an attorney whenever you can to ensure that all the evidence is gathered and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby 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 defend these claims on behalf of the family.

Parents should think about the following characteristics when choosing an attorney to represent them in a suit for birth defects or birth injuries:

Medical Malpractice

Birth defects can lead to various mental and physical ailments. Certain birth defects could cause death. Some of these problems may be caused by genetics while others are caused through exposure to the environment or prescription medications taken during pregnancy.

A doctor or medical professional may be accused of malpractice when they cause birth defects due to their actions or inaction. The most common cases involve medical negligence during the birth or labor process. They can also be a result of any act of failure to be in compliance with a standard of medical care, for example failing to recognize an illness or prescribing incorrect medication during pregnancy.

One such case involves Teratogens. These medications can lead to serious birth defects. During pregnancy, doctors typically advise women to avoid taking this medication, which is utilized in the treatment of seizures. If a woman who is pregnant is exposed to this medication, she must file a claim.

It is important to select an attorney with experience handling these types of cases. Choose a law firm that is specialized in this area, and works on the basis of a contingent fee, which means there is no cost unless you get the case won. Also, search for an attorney with excellent communication and negotiation skills. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects can cause physical or mental disabilities that require costly medical treatment and accommodations for the child. These problems are usually genetic, but can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Pharmaceutical companies are required to test their products correctly and warn the public of the potential dangers. Unfortunately some pharmaceutical companies do not keep up with research or foresee potential side consequences. Certain doctors prescribe dangerous drugs to their patients and some women are not aware of the risks associated with using certain drugs during pregnancy. These drugs are referred to as teratogens. They can cause birth defects within the fetus including spina bifida.

Other substances that can cause birth defect lawsuit defects include chemicals employed in the production and agricultural industries in addition to heavy metals such as mercury, which are contaminating the groundwater or the air. Diane Paolicelli's legal career has been focused on fighting powerful corporations that expose women to toxic chemicals and substances that could cause harm to their reproductive health and cause birth defect attorneys defects.

It is essential to gather as many evidences as you can before filing a lawsuit against the parties accountable. Included in this are ultrasound images and Birth Defect Lawsuit blood tests as well as medical bills that are incurred as a result. This assists the attorney in determining the worth of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful times in a woman's life. It's also the time when many medical professionals can make mistakes that lead to birth defects. A top lawyer can help parents file a claim against those accountable for their child's handicap and acquire the amount of compensation they deserve.

Medical experts aren't always able determine the specific cause of birth defects, but the majority of them can be attributable to environmental or chemical exposure. This can be due to exposure by parents to harmful chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.

Additionally, the manufacturers and those who prescribe prescription medicines must inform consumers of the dangers. However, a lot of these drugs are marketed off-label for women of childbearing age, without warnings about the risk of 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 chemical and pharmaceutical companies. His practice is centered around cases where birth defects result from exposure of parents to toxic chemicals such as those used in semiconductor manufacturing or agricultural. He graduated from American University in Washington, D.C. and Suffolk University Law School.