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birth defect law firms Defect Litigation

Parents want perfect children However, some injuries occur beyond their control. If injuries that result from these accidents require special treatment and expensive procedures, it can cause families to incur huge costs.

A New York birth defect lawyer can assist parents who are shocked to file claims and receive compensation to pay for future expenses. The law has strict time limitations on when a claim may be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce risks related to pregnancy, childbirth and birth. However, birth defects and injuries continue to occur. When they are preventable, families need to explore their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases may involve mistakes committed by nurses or doctors at any point in the birth, labor and delivery procedures. Medical professionals may also commit malpractice after the birth of a child when they fail to provide the proper treatment.

In general the statute of limitations in these cases are 2.5 years after the date of the medical negligence. For infants, the time is sometimes extended. It is essential to talk with a lawyer 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 suit can also be brought on behalf of an infant for birth defects resulting from improper toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims 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 many physical or mental problems. Some birth defects can be fatal. Some of these problems are caused by genetics, while others are caused by exposure to the environment or the use of prescription drugs during pregnancy.

A medical professional or doctor could be accused of malpractice if they cause a birth defect through their actions or inaction. The majority of these cases are based on medical negligence during delivery or labor. However, they can also include any act or inability to act in excess of the medical standard of care, like not diagnosing a medical condition or prescribing the wrong medication during pregnancy.

One example of this type of case involves a medication called teratogens. This medication can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must file an insurance claim.

It is essential to choose an attorney who has previous experience in these cases. Find a firm that is experienced in this field and operates on the basis of a contingent fee, which means you don't have to pay any fees unless you succeed. Look for an attorney who has outstanding negotiation and communication skills. This will help to ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

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

Drug manufacturers have an obligation to test their products thoroughly and warn consumers of any potential risks. Unfortunately, some pharmaceutical companies are not keeping up to date with the latest research or fail to anticipate possible adverse effects. Moreover, doctors may prescribe dangerous drugs to their patients as well as some women do not receive adequate information on the dangers of taking certain drugs during pregnancy. These are known as teratogens. They can cause birth defects in the fetus. This includes spina Bifida.

Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, as well as 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 substances that damage their reproductive health and lead to birth defects.

It is crucial to gather as much evidence as you can prior to filing a lawsuit against the parties responsible. This includes ultrasound scans, blood tests and medical bills that arose as a result of the birth defect. This information will help attorneys determine the value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking events in a woman's lifetime. But it's also a period when many medical professionals make mistakes that could cause birth defects. An experienced attorney can help parents in filing claims and getting the amount they deserve from those responsible for the disability of their child.

While the causes of birth defects are typically unknown to medical experts but a large proportion of birth defects can be linked with exposure to chemicals or the environment. This could be due to contact by parents with toxic chemicals at the workplace, like glycolethers and solvents utilized in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as spraying of crops.

Additionally, the manufacturers and those who prescribe prescription medications must inform people about the risks. Yet, a large percentage of these drugs are marketed off-label to women of childbearing age without adequate warnings about the possibility of birth defects. This is especially applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases involving the development of birth defects caused by exposure of parents to toxic chemicals, which includes the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.