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Birth Defect Litigation

Parents want their children to be perfect However, some injuries occur outside of their control. Families can be left with a huge bill when injuries require expensive procedures and specialized care.

A New York birth defect lawyer can assist parents who are shocked to file claims and receive compensation to cover future costs. However, the law places strict deadlines on when a claim must be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks of childbirth and pregnancy. Birth defects and injuries persist. If they can be prevented, families need to explore their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any time during the birth, labor and delivery processes. Additionally medical professionals could be guilty of medical malpractice after the birth of a child in the event that they fail to provide the proper treatment.

Generally speaking, the time-limit for these cases is 2.5 years from the date of the occurrence of medical malpractice. The time frame can be extended for infants. It is essential to speak with a lawyer immediately to ensure that all evidence is collected, and that a timely complaint can be filed.

In addition to medical malpractice, a suit can also be brought on behalf of a baby for birth defect lawyer defects resulting from improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

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

Medical Malpractice

Birth defects can cause a variety of mental and physical ailments. Some of them may even be fatal. Some of these issues could be caused by genetics, while others are caused through exposure to the environment or prescription drugs used during pregnancy.

A doctor or medical professional may be accused of malpractice when they cause birth defects due to their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they may also include any act or inability to act that is not in the range of a medical standard of care, like not diagnosing a medical condition or prescribing the wrong medicine during pregnancy.

One instance of case involves a medication called teratogens. It 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 submit a claim.

It is vital to select an attorney who has experience in these types of cases. Look for a law firm that is experienced in this area and works on the basis of a contingent fee, which means you don't have to pay any fees unless you get the case won. Look for an attorney with excellent communication and negotiation skills. This will help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to ensure that their products are tested properly and warn consumers about any risks. Unfortunately certain pharmaceutical companies do not keep up to date with the latest research or fail to anticipate potential adverse consequences. Certain doctors prescribe dangerous drugs to their patients and some women aren't aware of the risks associated with taking certain medications during pregnancy. These medications are referred to as teratogens and can cause birth defects within the fetus. This includes spina bifida.

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

When bringing lawsuits against the parties who are responsible for your child's illness, it is important to gather as much evidence as possible. This includes any ultrasound scans, blood tests and medical bills incurred due to the birth defect. This information can help the attorney determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting and stressful experiences in the life of a woman. It's also a time where many medical professionals can make mistakes that lead to birth defects. An experienced attorney can help parents bring a lawsuit against those accountable for their child's handicap and receive the amount of compensation they deserve.

Medical experts are not always able to pinpoint the causes of birth defects, but most of them can be attributed to chemical or environmental exposure. This could include contact from parents with toxic chemicals at the workplace, for example glycolethers and birth defect Lawyer solvents utilized in semiconductor manufacturing and agricultural chemicals for pesticides and spraying on crops.

In addition, the manufacturer and those who prescribe prescription medicines have a responsibility to warn people about the risks. However, a lot of these medications are sold off-label for women of childbearing age without proper warnings about the possibility of birth defects. This is particularly applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. His practice is centered around cases involving the occurrence birth defects due to 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.