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Birth Defect Litigation

Some injuries are beyond the parents' 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 shocked to file claims and receive compensation to pay for future expenses. The law has strict deadlines on when claims can be filed.

Statute of Limitations

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

Many birth defect lawsuits are stemming from claims of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing staff at any time during the birth process, including labor and pregnancy. Medical professionals may also commit malpractice after the birth of a baby in the event that they fail to provide appropriate treatment.

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

In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defects that result from wrongful toxic and chemical exposures that occur during a mother's pregnancy. Lawyers specially trained in birth defects can investigate these claims and bring them to trial on behalf of the family.

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

Medical Malpractice

Birth defects can lead to various mental and physical ailments. Some birth defects can be fatal. Some of these problems may be genetic while others are caused by environmental exposures or prescription drugs taken during pregnancy.

A doctor or medical professional may be accused of negligence if they cause birth defects through their actions or inaction. These cases typically are based on medical negligence in delivery or labor. They can also include any act of failure to do something that is below the standard of medical care, for example, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One instance of case involves a medication called teratogens, which can cause birth defects that are serious. Doctors usually advise women not 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 crucial to select an attorney with experience handling these kinds of cases. You should choose a firm with experience in this field and is on contingency, which means you don't have to pay anything until you win. Also, search for an attorney with excellent negotiation and communication abilities. This will ensure that you make your claim in time before the time limit expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. These conditions are often caused by genetics, but can also be caused by environmental or chemical exposure or medications taken by the mother during pregnancy.

Pharmaceutical manufacturers are required to test their products correctly and warn the public of the potential dangers. Unfortunately, some pharmaceutical companies don't keep up-to-date with the latest research or fail to anticipate possible adverse consequences. Moreover, doctors may prescribe dangerous drugs to their patients, and some women do not get proper information about the risks associated with taking certain drugs during pregnancy. These medications are referred to as teratogens, and they could cause birth defects in the fetus, such as spina bifida.

Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury that contaminate air or groundwater. Diane Paolicelli's legal profession has been focused on fighting powerful corporations that expose women to toxic chemicals and substances that may cause harm to their reproductive health and cause birth defects.

It is crucial to collect as many evidences as you can before filing a lawsuit against the party responsible. Included in this are ultrasound images, blood tests, and medical bills that are incurred due to. This information helps the attorney assess the value of the case.

Product Liability

Pregnancy is among the most exciting, and stressful experiences in women's lives. It's also the time when medical professionals can make mistakes that cause birth defects. An experienced attorney can help parents in submitting an action and obtaining the compensation they deserve against those responsible for the handicap of their child.

Medical experts are not always able to pinpoint the root of birth defects, but the majority of them can be attributed to chemical or environmental exposure. This could be due to contact by parents with toxic chemicals in the workplace, such as glycolethers and solvents utilized in semiconductor manufacturing as well as agricultural chemicals for pesticides and spraying crops.

The pharmaceutical companies and those who prescribe medication also have a duty to inform the public about their risks. A large number of these medications are sold to pregnant women without warnings of the potential for birth defect. This is especially applicable to antidepressants, such as Prozac and Zoloft.

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