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Birth Defect Litigation

Parents want their children to be perfect However, some injuries occur outside of their control. Families are left with a huge bill when injuries require costly procedures and special attention.

A New York birth defect lawyer can assist parents who are stunned to file an appeal and obtain compensation to cover future expenses. The law has strict time limits for when claims can be filed.

Statute of limitations

Modern medical technology and advances have aided in reducing the risks that are associated with childbirth, pregnancy and birth. However birth defects and injuries continue to occur. Families must consider their legal options if they are preventable.

Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors staff at any time during labor, pregnancy and birth. Medical professionals may also be guilty of malpractice following the birth of a baby by failing to provide the correct treatment.

In general the statute of limitations in these cases are 2.5 years from the date of the medical mistake. For infants, the time period can be extended. It is essential to speak with an attorney early enough to ensure that all the evidence is gathered and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant for birth defects that result from wrongful exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and bring these cases on behalf of the family.

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

Medical Malpractice

Birth defects can cause an array of mental or physical ailments. Some birth defects can be fatal. Some of these problems are inherited, whereas others are caused by exposure to the environment or the use of prescription medications during pregnancy.

A doctor or medical professional could be accused of malpractice if they cause a birth defect through their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they can comprise any act or failure to act that is in violation of a medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One instance of situation is a drug called teratogens. This medication can cause serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug, it is recommended that she make an action.

It is crucial to choose an attorney who has experience in these types of cases. You should seek out a firm that has years of experience in this field and is on contingency, which means you won't have to pay any fees until you win. Also, search for a lawyer with strong communication and negotiation skills. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities, which require expensive medical care and accommodations for the child. These problems are usually genetic, but they may also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Drug manufacturers are required to test their products thoroughly and warn the public of any potential risks. Unfortunately certain pharmaceutical companies do not keep up-to-date with the latest research or fail to anticipate potential adverse effects. Some doctors prescribe dangerous drugs to their patients. Some women are not aware of the risks associated with using certain drugs during pregnancy. These medications are referred to as teratogens. They can cause birth defect attorney defects in the fetus. This includes spina bifida.

Other substances that can cause birth defects are chemicals used in the manufacturing and agricultural industries, and heavy metals like mercury which can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations that expose women to toxic chemicals and other substances that cause harm to their reproductive health and lead to birth defects.

It is crucial to collect as all evidence you can prior to making a claim against the parties accountable. This includes ultrasound scans, blood tests and medical bills that arose because of the birth defect. This information will help attorneys determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting, and nerve-wracking experiences in women's lives. It's also a time when many medical professionals make mistakes that could cause birth defects. An experienced attorney can assist parents to file a claim against the medical professionals responsible for their child's disability and get the amount of compensation they deserve.

Although the causes of birth defects are generally unknown to medical experts but a large proportion of birth defects are linked with exposure to chemicals or the environment. This could include exposure of parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for crop spraying and pesticides.

Furthermore, manufacturers and the people who prescribe prescription medications have a responsibility to warn people about the risks. However, a lot of these drugs are sold off-label for women of childbearing age without adequate 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 focuses on cases involving the development of birth defects caused by parental exposure to toxic chemicals such as those in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.