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Birth Defect Litigation

Some injuries are out of the parents in their control. Families can be left with a huge bill when injuries require costly procedures and special attention.

A New York birth defect lawyer can assist parents who are stunned to file claims and receive compensation to cover future costs. However, the law puts strict time limitations on the time a claim has to be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks associated with pregnancy and childbirth. Birth defects and injuries continue to occur. Families must consider their legal options when they are preventable.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases can involve errors made by nurses or doctors at any time during the labor and delivery processes. In addition medical professionals can be guilty of medical malpractice after the birth of a child when they fail to provide proper care.

Generally speaking, the time-limit for these cases is generally 2.5 years from the date of the act of medical malpractice. For infants this period can be extended. It is important to consult an attorney early enough to ensure that all the 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 chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can investigate these claims and prosecute them on behalf of the family.

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

Medical Malpractice

Birth defects can lead to many physical or mental problems. Certain birth defects can be fatal. Some of these problems may be caused by genetics while others are triggered by exposure to environmental factors or prescription drugs taken during pregnancy.

A doctor or medical professional could be accused of malpractice if they cause a birth defect through their actions or inaction. These cases typically involve medical negligence during labor or delivery. They may also involve any act of failure to be in compliance with a standard of medical care, such as not diagnosing an illness or prescribing the wrong medication during pregnancy.

One such type of situation involves a drug called teratogens, which can cause birth defects that are serious. In the course of pregnancy, doctors generally advise women to stay clear of this medication, which is commonly used to treat seizures. If a pregnant woman is exposed to this medication, she must submit an insurance claim.

It is vital to choose an attorney who has previous experience in these cases. Find a firm that specializes in this field and birth defect Lawsuit operates on an on a contingency basis, meaning you don't pay anything unless you get the case won. Find an attorney who has great negotiation and communication skills. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities, that require costly medical treatment and accommodations for the child. These conditions are often genetic, but they may also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.

Drug manufacturers are required to ensure that their products are tested properly and inform the public of any risks that could be present. Unfortunately, some pharmaceutical companies do not keep up to date with the latest research or fail to anticipate potential adverse consequences. In addition, doctors can prescribe dangerous medicines to their patients and some women do not receive adequate information on the risks associated with taking certain drugs during pregnancy. These drugs are known as teratogens, and they can cause birth defects within the fetus. This includes spina Bifida.

Other substances that may cause birth defect lawsuit (Highly recommended Resource site) defects include chemicals employed in the production and agricultural industries in addition to heavy metals, like mercury that are contaminating groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and substances that harm their reproductive health and lead to birth defects.

It is essential to gather as all evidence you can prior to filing a lawsuit against the responsible parties. Included in this are ultrasound images and blood tests as well as medical bills that are incurred as a result. This will help the attorney determine the worth of the case.

Product Liability

Pregnancy can be one of the most exciting, yet stressful experiences in a woman's lifetime. But it's also a period when medical professionals can make mistakes that could lead to birth defects. An experienced attorney can help parents make a claim against those responsible for their child's disability and get the amount of compensation they deserve.

Medical experts aren't always able to determine the causes of birth defects, but the majority of them can be due to environmental or chemical exposure. This can include parental contact with toxic chemicals in the workplace, such as solvents and glycol ethers used in semiconductor manufacturing, and chemical pesticides used in agriculture and spraying on crops.

The manufacturers and the people who prescribe medications also have a duty to inform people about the dangers. A significant portion of these medications are sold to women who are expecting without warnings of the possibility of birth defects. This is especially applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects are caused by exposure of parents to toxic chemicals like those used in the manufacture of semiconductors or in agriculture. He is a graduate of the American University in Washington, D.C. and Suffolk University Law School.