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Birth Defect Litigation

Parents want their children to be perfect However, some injuries occur beyond their control. When injuries require specialized treatment and costly procedures, it can cause families to be faced with massive costs.

A New York birth defect attorney can assist parents in shock file an appeal to be compensated for future expenses. However, the law puts strict deadlines when a claim should be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks associated with childbirth and pregnancy. Birth defects and injuries continue to occur. If they're preventable, families must explore their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any time during birth, labor and delivery processes. Medical professionals can also be negligent after the birth of a baby if they fail provide proper treatment.

In general, the statutes of limitations in these cases are 2.5 years from the date of the medical mistake. The time limit may be extended for infants. It is crucial to consult a lawyer whenever you can to ensure that all the evidence is collected and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit can also be filed on behalf of a baby for birth defects that result from wrongful exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can cause various mental and physical issues. Some of them could be fatal. Some of these issues are genetic, but others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

A medical professional or doctor may be accused of negligence if they cause birth defects due to their actions or inaction. These cases typically are based on medical negligence in delivery or labor. They also encompass any other act which falls below a standard of medical care, like not diagnosing an illness or prescribing the wrong medication during pregnancy.

One example is involving the teratogens. These medications can lead to birth defects that are serious. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug, she must make a claim.

It is essential to choose an attorney with previous experience in these cases. You should look for an attorney with experience in this field and is on contingency, which means you don't pay nothing until you win. Find an attorney who has great negotiation and communication skills. This will help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

A variety of birth defects cause physical or mental disabilities that require costly medical treatment and accommodations for the child. Often, these conditions are inherited, but a few can be caused by chemical or environmental exposure, or by medications the mother took during pregnancy.

Drug makers are required to test their products correctly and inform the public about any potential risks. Unfortunately some pharmaceutical companies fail to keep up with research or anticipate the potential adverse consequences. Moreover, doctors may prescribe dangerous medicines to their patients as well as some women do not have adequate information about the dangers of taking certain medications during pregnancy. These medications, also known as teratogens, can cause birth defects such as spina-bifida in the fetus.

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

If you are filing a lawsuit against the parties that are accountable for your child's health it is crucial to gather as much evidence as you can. Included in this are ultrasound images, blood tests, and medical bills incurred as a result. This allows the attorney to determine the financial value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. It's also a time where medical professionals often make mistakes that could cause birth defects. An experienced attorney can help parents bring a lawsuit against those responsible for their child's disability and receive the amount of compensation they deserve.

Medical experts are not always able to determine the root of birth defects, but the majority of them can be due to environmental or chemical exposure. This can be due to 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.

The pharmaceutical companies and those who prescribe medication are also required to warn the public about the dangers of their products. However, a significant portion of these drugs are marketed off-label for women of childbearing age without adequate warnings about the possibility 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 chemical and pharmaceutical companies. He concentrates his practice on cases where birth defects are caused by exposure of parents to toxic chemicals like those employed in semiconductor manufacturing or agricultural. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.