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Birth Defect Litigation

Parents want perfect children However, some accidents happen outside their control. If these injuries require special care and costly procedures, it can leave families with huge expenses.

A New York birth defect law firm defect lawyer can assist parents who are shocked to file a claim and get compensation to cover the cost of future expenses. However, the law imposes strict deadlines when a claim needs to be filed.

Statute of limitations

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

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases can involve errors made by doctors or nurses at any time during the labor and birth processes. Medical professionals can also be negligent after the birth defect lawyers of a child by failing to provide the correct treatment.

In general the statute of limitations in these cases are 2.5 years after the date of the medical error. The time frame is extended for infants. However, it is essential to seek legal advice immediately to ensure that all evidence is obtained and that a timely claim be filed.

A lawsuit may be filed on behalf of a child to claim birth defects that are caused by toxic and chemical exposures during pregnancy. Specially trained birth defects lawyers can investigate these claims and pursue them on behalf of the family.

Parents should be aware of the following aspects when choosing an attorney to represent them in a lawsuit involving birth injury or defect:

Medical Malpractice

Birth defects can lead to various physical and mental problems. Certain birth defects can cause death. Some of these issues could be genetic while others are triggered by environmental exposures or prescription drugs taken during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects through their actions or inaction. Most cases involve medical negligence during labor or delivery. However, they may also include any act or inability to act that is in violation of the medical standard of care, for instance, failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One example of situation is a drug called teratogens. This medication 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 file an action.

It is essential to select an attorney who has handled these kinds of cases. Look for a law firm that specializes in this area and operates on a contingency basis, so you don't pay anything unless you get the case won. Also, look for an attorney with excellent negotiation and communication abilities. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities that require expensive medical treatment and accommodations for the child. These issues are often genetic, but they may also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.

Drug manufacturers are required to thoroughly test their products and inform consumers of any potential risks. Unfortunately certain pharmaceutical companies fail to keep up-to-date with current research or fail to anticipate potential adverse effects. Additionally, doctors can prescribe dangerous drugs to their patients and women may not have adequate information about the risks of taking certain drugs during pregnancy. These medications are referred to as teratogens and can cause birth defects in the fetus, including spina Bifida.

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

When filing an action against the parties accountable for your child's condition it is essential to gather as much evidence as you can. This includes any blood tests, ultrasound images and medical bills that arose because of the birth defect. This assists the attorney in determining the worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful experiences a woman can go through in her life. It's also the time that medical professionals make mistakes that can lead to birth defects. A top attorney can assist parents in submitting a claim and obtaining the compensation they deserve from those responsible for the handicap of their child.

Medical professionals aren't always able determine the exact cause of birth defects, however many of them can be caused by environmental or chemical exposure. This can include exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in crop spraying and pesticides.

Manufacturers and those who prescribe medications must also inform the public about the dangers of their products. However, a significant portion of these drugs are offered off-label for women of childbearing age without adequate warnings about the potential for birth defects. This is especially the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases where birth defect lawsuit (head to the 78 Rospotrebnadzor site) defects result from exposure to toxic chemicals in the home by parents such as those used in the manufacture of semiconductors or in agriculture. He is a graduate of American University in Washington, Birth Defect Lawsuit D.C. and Suffolk University Law School.