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Birth Defect Litigation

Parents want perfect babies however, there are some injuries that occur beyond their control. Families can be left with a huge bill when injuries require expensive procedures and special attention.

A New York birth defect attorney can help parents in shock file an appeal to be compensated for future expenses. The law has strict time limitations on when claims can be filed.

Statute of limitations

Modern technology and medical advances have helped to reduce the risks associated with childbirth and pregnancy. Birth defects and injuries persist. Families need to explore their legal options if they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any point in the labor and Birth defect lawsuit procedures. Medical professionals may also commit malpractice after the birth of a child when they fail to provide the proper treatment.

In general, the statutes of limitations for these cases are 2.5 years from the date of the medical mistake. This time period can be extended for infants. It is essential to talk with a lawyer immediately to ensure that all evidence is collected, and that a timely complaint be filed.

In addition to medical malpractice, a suit 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 defects lawyers can look into the claims and then prosecute them on behalf of the family.

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

Medical Malpractice

Birth defects can lead to various physical and mental problems. Some of them can be fatal. Some of these problems are caused by genetics, while others are due to environmental exposures or the use of prescribed drugs during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects as a result of their actions or inaction. These cases are usually based on medical negligence during delivery or labor. However, they can comprise any act or failure to act that is in violation of the medical standard of care, like failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One instance of situation involves a drug known as teratogens, which could cause birth defects that are serious. When pregnant, doctors usually advise women to avoid taking this medication, which is used in the treatment of seizures. If a pregnant woman is exposed to this medication, she must make an insurance claim.

It is important to select an attorney who has handled these kinds of cases. Find a firm that is specialized in this field and operates on the basis of a contingent fee, which means there is no cost unless you win. Also, look for a lawyer with strong negotiation and communication skills. This will ensure that your claim is filed before the time limit expires.

Prescription Drugs

A lot of birth defects can cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. The majority of these problems are genetic, but some of them may be caused by chemical or environmental exposure or medication that the mother took while pregnant.

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

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

It is crucial to collect as much evidence as you can before making a claim against the party responsible. This includes any blood tests, ultrasound images and medical bills that arise because of the birth defect. This allows the attorney to determine the monetary 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 the time when medical professionals make mistakes that cause birth defects. A top lawyer can help parents file a claim against those accountable for their child's handicap and receive the justice they deserve.

Although the causes of birth defect law firm defects are often unknown to medical professionals, a significant number can be attributed to environmental or chemical exposure. This can include exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in spraying for crops and pesticides.

The pharmaceutical companies and those who prescribe medications also have a duty to inform the public about the risks. A majority of these drugs are marketed to women who are expecting without warnings about the risk of birth defect. This is especially relevant 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 is centered around cases involving the occurrence of birth defect lawsuit defects resulting from parental exposure 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.