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Birth Defect Litigation

Parents want their children to be perfect However, some accidents happen outside of their control. Families may be left with a huge bill when injuries require costly procedures and special care.

A New York birth defect lawyer can assist parents who are shocked to file an action and receive compensation to cover future costs. However, the law imposes strict deadlines on the time a claim has to be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce risks associated with childbirth, pregnancy and birth. Birth defects and injuries do remain a possibility. If they're preventable families must explore their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors at any point in the pregnancy, labor and delivery procedures. Additionally medical professionals can be guilty of medical malpractice after the birth defect attorney of a baby by failing to provide proper treatment.

In general the statute of limitations for these cases are 2.5 years after the date of the medical malpractice. For infants, the time is sometimes extended. However, it is important to seek legal counsel as soon as possible to ensure that all evidence is gathered and that a timely claim can be filed.

In addition to medical malpractice, a suit may also be filed on behalf of a baby for birth defects that result from wrongful toxic and chemical exposures that take place during the mother's pregnancy. Specially trained birth defects lawyers can examine these claims and bring them to trial on behalf of the family.

Parents should take into consideration the following qualities when selecting an attorney to represent their interests in a lawsuit filed for birth defect law firms injury or defect:

Medical Malpractice

Birth defects can lead to a variety of mental and physical issues. Some of them could be fatal. Some of these issues could be caused by genetics and others may be caused by exposure to environmental factors or prescription drugs taken during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects due to their actions or inaction. Most cases involve medical negligence during labor or delivery. However, they can include any act or failure to act that falls short of a medical standard of care, like failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One example is involving the teratogens. These drugs can cause serious birth defects. Doctors usually 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 drug, she should make an insurance claim.

It is crucial to select an attorney who is experienced in handling these kinds of cases. Look for a law firm that is experienced in this area, and works on an hourly basis, which means you don't pay anything unless you succeed. Choose an attorney with an excellent ability to communicate and negotiate. This will help ensure that you file your claim before the time limit expires.

Prescription Drugs

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

Drug manufacturers have an obligation to thoroughly test their products and warn consumers of any risks. Unfortunately certain pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate possible adverse effects. Some doctors prescribe dangerous drugs to their patients and some women aren't aware of the risks associated with taking certain medications during pregnancy. These drugs, also known as teratogens can cause birth defects, such as spina-bifida, which is a birth defect in the fe.

Other substances that can cause birth defects are the chemicals used in the manufacturing and agricultural industries, and heavy metals such as mercury that pollute groundwater and air. Diane Paolicelli's legal career is focused on fighting powerful corporations that expose women to harmful substances and chemicals that can harm their reproductive health or cause birth defects.

It is essential to gather as many evidences as you can prior to filing a suit against the responsible parties. This includes ultrasound images, blood tests, and medical bills that came up due to the birth defect. This information helps attorneys determine the value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking experiences in a woman's lifetime. However, it's also a time when medical professionals can make mistakes that could cause birth defects. A top lawyer can assist parents in filing an appeal and gaining the amount they deserve from the people responsible for the disabilities of their child.

While the causes of birth defects are often unknown to medical experts, a significant number can be attributed to exposure to chemicals or environmental factors. This can include parental contact 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.

In addition, manufacturers and those who prescribe prescription medications have a responsibility to warn consumers of the dangers. A significant portion of these drugs are marketed to women who are pregnant without warnings of the possibility of birth defect. This is particularly 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 pharmaceutical and chemical companies. He focuses his practice on cases involving the occurrence birth defects resulting from exposure of parents to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.