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Birth Defect Litigation

Some injuries are out of the parents or their control. Families are left with huge bills when these injuries require expensive procedures and specialized care.

A New York birth defect lawyer can assist parents who are stunned to file claims and receive compensation to pay for future expenses. However, the law puts strict deadlines when a claim should be filed.

Statute of Limitations

Modern medical technology and advances have aided in reducing the risks associated with childbirth, pregnancy and birth. birth defect attorney defects and injuries continue to occur. If they're preventable families should consider their legal options.

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 time during birth, labor and delivery processes. Medical professionals can also commit malpractice after the birth of a child if they fail provide proper treatment.

Generally speaking, the time-limit for these cases is 2.5 years from the date of the incident of medical malpractice. The time limit is extended for infants. It is essential to speak with an attorney early enough to ensure that all the evidence is collected and that a timely complaint be filed.

A lawsuit can be filed on behalf of a child to claim birth defects caused by chemical and toxic exposures during the pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

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

Medical Malpractice

Birth defects can lead to many physical or mental problems. Some of them could be fatal. Some of these problems are genetic, but others are due to exposure to environmental factors or the usage 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. The majority of these cases 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 care, like failing to recognize an illness or prescribing the wrong medication during pregnancy.

One example is involving teratogens. These medications can lead to birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug, she must submit an insurance claim.

It is essential to select an attorney who has experience in handling these kinds of cases. You should look for an attorney who has years of experience in this field and is based on contingency, meaning that you won't have to pay any fees until you win. Choose an attorney with excellent communication and negotiation skills. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities that require costly medical treatment and accommodations for the child. Most often, these disorders are genetically inherited, but some of them are caused by environmental or chemical exposure, or the medications the mother was taking during pregnancy.

Drug makers are required to thoroughly test their products and inform consumers of any risks. Unfortunately, some pharmaceutical companies fail to keep up to date with the latest research or fail to anticipate potential adverse effects. Some doctors prescribe dangerous drugs to their patients and some women are not informed about the risks of taking certain medications during pregnancy. These drugs are referred to as teratogens. They may cause birth defects in the fetus, including spina bifida.

Other substances that could cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury which can contaminate groundwater or air. Diane Paolicelli's legal career has been dedicated to fighting powerful corporations that expose women to toxic chemicals and substances that could affect their reproductive health or cause birth defects.

It is important to collect as many evidences as you can before filing a lawsuit against the parties accountable. Included in this are any ultrasound images as well as blood tests and medical bills that are incurred due to. This helps the attorney establish the monetary value of the case.

Product Liability

Pregnancy can be one of the most exciting, and anxious experiences of women's lives. However, it's also a time when many medical professionals make mistakes that can lead to birth defects. A reputable attorney can assist parents in submitting an action and obtaining the compensation they deserve from the people responsible for the disabilities of their child.

Medical experts are not always able determine the specific cause 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 glycol ethers and solvents used in semiconductor manufacturing as well as agricultural chemicals for pesticides and spraying crops.

The manufacturers and the people who prescribe medication must also warn the public about the risks. However, a significant portion of these drugs are marketed off-label to women of childbearing age without adequate warnings about the possibility of birth defects. This is especially true for antidepressants like Prozac and Zoloft.

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