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Birth Defect Litigation

Parents want perfect babies, but some injuries happen outside 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 help stunned parents file a claim and get compensation to cover future expenses. The law has strict time limitations on when a claim may be filed.

Statute of limitations

Modern medical technology and advancements in medical science have made it possible to reduce the risks that are 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 founded on allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any time during the pregnancy, labor and delivery processes. Additionally medical professionals could be guilty of medical malpractice after a child's birth by failing to provide proper care.

In general, the statutes of limitation for these cases is 2.5 years from the date of the medical malpractice. For infants, this time can be extended. But, it is crucial to seek legal advice early enough to ensure that all evidence is collected and that a timely claim can be filed.

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

When choosing an attorney to represent them in a birth defect attorneys defect or birth injury lawsuit parents should consider the following qualities:

Medical Malpractice

Birth defects can lead to numerous physical or mental problems. Some of them can be fatal. Some of these problems may be caused by genetics, while others are caused by exposure to environmental factors or prescription drugs taken during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defects through their actions or inaction. The majority of these cases are based on medical negligence during delivery or labor. However, they can include any act or failure to act that is in violation of a medical standard of care, like failing to diagnose a problem or prescribing the wrong medication during pregnancy.

One example involves teratogens. These drugs can cause birth defects that are serious. During pregnancy, doctors usually advise women to avoid taking this medication, which is commonly used in the treatment of seizures. If women are exposed to the drug, then she should make an insurance claim.

It is important to choose an attorney with experience handling these types of cases. Find a firm that specializes in this area and operates on the basis of a contingent fee, which means you won't have to pay a dime unless you succeed. Additionally, you should choose an attorney who has strong communication and negotiation abilities. This will ensure that you make your claim in time before the time limit expires.

Prescription Drugs

A lot of birth defects can cause physical or mental disabilities, which require expensive medical care and accommodations for the child. These conditions are often genetic, but can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.

Drug manufacturers are required to adequately test their products and warn consumers of any risks. Unfortunately, some pharmaceutical companies do not keep up with the latest research or foresee potential side effects. Some doctors prescribe dangerous drugs to their patients. Moreover, some women are not aware of the risks associated with taking certain drugs while pregnant. These drugs, known as teratogens can cause birth defect law firms defects such as spina-bifida, in the fetus.

Other substances that may cause birth defects are chemicals employed in the production and agricultural industries in addition to heavy metals, like mercury that are contaminating air or groundwater. Diane Paolicelli's legal career is focused on combating powerful corporations that expose women to toxic chemicals and substances that may cause harm to their reproductive health and cause birth defects.

If you decide to file lawsuits against the parties responsible for your child's condition it is essential to gather as much evidence as possible. Included in this are ultrasound images as well as blood tests and medical bills that are incurred due to. This will help the attorney determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, but anxious experiences of a woman's lifetime. It's also the time that medical professionals make mistakes that result in birth defects. A top attorney can assist parents in submitting a claim and obtaining the amount they deserve from those responsible for the handicap of their child.

Medical professionals aren't always able determine the specific cause of birth defects, however a large number can be due to environmental or chemical exposure. This can include exposure by parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

Furthermore, manufacturers and those who prescribe prescription medications have a responsibility to inform people of their risks. However, a lot of these drugs are offered off-label to women of childbearing age, without warnings about the risk of birth defects. This is particularly true for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. His practice is centered around cases where birth defects result from exposure of parents to toxic chemicals such as those that are employed in the manufacture of semiconductors or in agriculture. He graduated of the American University in Washington, D.C., and Suffolk University Law School.