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Birth Defect Litigation

Parents want perfect children However, some accidents happen beyond their control. Families can be left with huge bills when these injuries require costly procedures and special treatment.

A New York birth defect lawyers defect lawyer can assist parents who are shocked to file an action and receive compensation to cover the cost of future expenses. However, the law imposes 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. However birth defects and injuries can still occur. If they can be prevented, families must consider their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases may involve errors committed by nurses or doctors staff at any point during labor, pregnancy and birth. In addition medical professionals could be guilty of medical malpractice after a child's birth if they fail to provide proper treatment.

In general the statute of limitations in these cases are 2.5 years from the date of the medical error. This time period is extended for infants. It is essential to speak with a lawyer early enough to ensure that all evidence is collected, and that a timely complaint be filed.

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

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

Medical Malpractice

Birth defects can lead to various mental and physical ailments. Some of them can be fatal. Some of these problems are inherited, while others are caused by exposure to environmental factors or the use of prescription 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 usually are caused by medical negligence during delivery or labor. They can also include any act of failure to perform a task that is not within the standard of medical treatment, for instance not diagnosing an illness or prescribing incorrect medication during pregnancy.

One example is involving teratogens. These drugs can cause birth defects that are serious. During pregnancy, doctors typically advise women to stay clear of this medication, which is commonly used to treat seizures. If women are exposed to the drug she must make an action.

It is important to select an attorney who is experienced in handling these types of cases. It is best to choose a firm with experience in this field and operates on contingency basis, which means you won't have to pay any fees until you win. Choose an attorney with outstanding negotiation and communication skills. This will help to ensure that you submit your claim before the statute of limitations expires.

Prescription Drugs

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

Drug manufacturers are required to test their products thoroughly and inform consumers of any potential risks. Unfortunately certain pharmaceutical companies fail to keep up with the latest research or anticipate the potential adverse effects. Additionally, doctors can prescribe dangerous drugs to patients as well as some women do not have adequate information about the risks associated with taking certain medications during pregnancy. These drugs, also known as teratogens may cause birth defects such as spina-bifida, in the fetus.

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

It is essential to gather as the evidence you can before making a claim against the parties responsible. This includes ultrasound scans, blood tests, and medical bills incurred as a result of the birth defect. This information will help the attorney determine the value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful times in a woman's life. It's also the time when medical professionals make mistakes that can lead to birth defects. A top lawyer can assist parents in submitting an appeal and gaining the amount they deserve from those who are responsible for the impairment of their child.

Although the causes of birth defects are typically unknown to medical experts however, a significant proportion can be linked to exposure to chemicals or environmental factors. This could include exposure of parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.

Furthermore, manufacturers and those who prescribe prescription medications have a responsibility to warn people about the risks. A large number of these drugs are offered to women who are pregnant without warnings about the risk of birth defects. This is particularly 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 that involve the occurrence of birth defects that result from exposure of parents to toxic chemicals such as the ones used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.