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Birth Defect Litigation

Parents want their children to be perfect However, some accidents happen outside of their control. If these injuries require special care and costly procedures, it can result in huge costs for families.

A New York birth defect lawyer can assist parents in filing an appeal and obtain compensation to cover future costs. However, the law puts strict deadlines the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks of childbirth and pregnancy. Birth defects and injuries persist. Families must consider their legal options when they can be prevented.

Many birth defect lawsuits are stemming from accusations of medical malpractice. These cases may involve mistakes made by doctors or nurses at any point in the labor and birth procedures. In addition, medical professionals can commit medical malpractice following the birth of a child, when they fail to provide the correct treatment.

In general the statute of limitations for these cases is 2.5 years from the date of the medical malpractice. The time limit can be extended for infants. It is important to consult a lawyer whenever you can to ensure that all evidence is gathered, and that a timely complaint can be filed.

A lawsuit can be filed on behalf of a child for birth defects caused by toxic and chemical exposures during the pregnancy. Lawyers specially trained in birth defects can investigate and defend these claims on behalf of the family.

Parents should think about the following factors when choosing an attorney to represent them in a suit for birth defects or injuries:

Medical Malpractice

Birth defects can cause various mental and physical ailments. Some may even be fatal. Some of these issues may be caused by genetics while others are triggered by environmental exposures or prescription medications taken during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects due to their actions or inaction. These cases are usually based on medical negligence during delivery or labor. However, they can also be a result of any action or failure to act in excess of a medical standard of care, such as failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example of case involves a medication called teratogens. This medication can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this medication, she must make a claim.

It is essential to choose an attorney with expertise in these kinds of cases. Choose a law firm that is specialized in this area and operates on an on a contingency basis, meaning you don't pay anything unless you succeed. Also, search for a lawyer who has excellent communication and negotiation abilities. This will ensure that you make your claim in time before the statute of limitation expires.

Prescription Drugs

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

Drug makers are required to test their products thoroughly and warn consumers about any risks. Unfortunately some pharmaceutical companies fail to keep up with the latest research or fail to anticipate possible side effects. Certain doctors prescribe dangerous medications to their patients. Moreover, some women aren't aware of the risks associated with using certain drugs during pregnancy. These are known as teratogens and could cause birth defects in the fetus, such as spina bifida.

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

If you are filing a lawsuit against the parties who are responsible for your child's illness It is crucial to gather the most evidence you can. Included in this are ultrasound images as well as blood tests and medical bills incurred as a result. This information assists the attorney to determine the worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking experiences a woman can go through in her life. It's also a time where medical professionals can make mistakes that lead to birth defects. An experienced attorney can help parents bring a lawsuit against those responsible for their child's disability and obtain the proper compensation they're entitled to.

Although the causes of birth defects are usually unknown to medical experts however, many of them are linked with exposure to chemicals or the environment. This could include exposure of parents to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.

The manufacturers and the people who prescribe medicines are also required to warn the public about the dangers of their products. However, a lot of these drugs are sold off-label for women of childbearing age, without warnings about the potential for birth defects. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect law firms defects lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases involving the occurrence birth defects caused by parental exposure to toxic chemicals such as those used in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.