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Birth Defect Litigation

Certain injuries are beyond the parents in their control. Families can be left with a large bill when injuries require expensive procedures and special care.

A New York birth defect attorney can assist parents who are shocked to file an action to receive compensation for future expenses. However, the law puts strict deadlines for when a claim needs to be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks of childbirth and pregnancy. However, birth defects and injuries continue to occur. Families should consider their legal options when they can be prevented.

Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any point during the labor and birth processes. Medical professionals can also be negligent following the birth of a child if they fail provide proper treatment.

In general the statute of limitations in these cases is 2.5 years from the date of the medical malpractice. For infants, this time can be extended. However, it is important to seek legal advice as soon as possible to ensure that all evidence has been collected and that a timely claim be filed.

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

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

Medical Malpractice

Birth defects can lead to a variety of mental and physical ailments. Some of them could be fatal. Some of these issues are genetic, but others are caused by exposure to the environment or the use of prescription medications during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects by their actions or inaction. These cases usually involve medical negligence during the birth or labor process. They can also include any perform a task that is not within the standard of medical care, for example 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. When pregnant, doctors usually advise women to not take this medication, which is utilized in the treatment of seizures. If women are exposed to the drug she must make an insurance claim.

It is essential to select an attorney who is experienced in handling these types of cases. You should seek out a firm that has years of experience in this field and is on contingency, which means you won't have to pay nothing until you win. Also, search for an attorney with excellent communication and negotiation skills. This will ensure that you make your claim in time before the time for filing expires.

Prescription Drugs

A variety of birth defects cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. Most often, these disorders are genetic, however some of them may be caused by chemical or environmental exposure or medication that the mother took while pregnant.

Drug manufacturers have an obligation to test their products thoroughly and inform consumers of any potential risks. Sadly, some pharmaceutical companies do not keep up with the latest research or anticipate potential side effects. Certain doctors prescribe dangerous drugs to their patients. Moreover, some women are not informed about the risks of taking certain medications during pregnancy. These drugs, referred to as teratogens, can cause birth defects, such as spina-bifida, which is a birth defect in the fe.

Other substances that could cause birth defects are chemicals used in the manufacturing and agricultural industries, and heavy metals such as mercury that affect groundwater or the air. Diane Paolicelli's legal career is dedicated to fighting powerful corporations that expose women to harmful chemicals and substances that may harm their reproductive health or lead to birth defect lawyer defects.

When filing a lawsuit against the parties accountable for your child's condition it is crucial to gather as much evidence as possible. Included in this are ultrasound images or blood tests, as well as medical bills incurred as a result. This assists the attorney in determining the value of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking events in a woman's lifetime. It's also a time where many medical professionals make mistakes that can cause birth defects. A top lawyer can help parents bring a lawsuit against those who are responsible for their child's disabilities and obtain the compensation they deserve.

While the causes of birth defects are typically not understood by medical professionals, a significant number can be attributed to exposure to chemicals or environmental factors. This can include exposure by parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

The pharmaceutical companies and those who prescribe medicines are also required to warn people about the dangers. However, a significant portion of these drugs are sold off-label for women of childbearing age without proper 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. He concentrates his practice on cases that involve the occurrence of birth defects due to exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.