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Birth Defect Litigation

Some injuries are beyond the parents of their control. Families are left with huge debts when these injuries require expensive procedures and special treatment.

A New York birth defect lawyer can assist parents who are shocked to file a claim and get compensation to cover the cost of future expenses. However, the law puts strict time limitations on when a claim should be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks of childbirth and pregnancy. However birth defects and injuries still occur. When they are preventable, families must explore their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can result from mistakes committed by nurses or doctors personnel at any stage of the birth process, including labor and pregnancy. Medical professionals can also be negligent after the birth of a child in the event that they fail to provide appropriate treatment.

In general the statute of limitations in these cases is 2.5 years after the date of the medical error. For infants, this can be extended. It is important to consult a lawyer immediately to ensure that all evidence is gathered and that a timely complaint be filed.

In addition to medical malpractice, a suit may also be filed on behalf of an infant for birth defects caused by improper exposure to chemicals and toxic substances that occur during a mother's pregnancy. Specially trained birth defect lawyers can examine these claims and bring them to trial on behalf of the family.

When choosing an attorney for a Birth Defect lawsuit injury or defect lawsuit parents should consider the following qualities:

Medical Malpractice

Birth defects can lead to a variety of mental and physical ailments. Some birth defects can be fatal. Some of these problems are inherited, whereas others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defects through their actions or inaction. These cases are usually due to medical negligence during delivery or labor. They can also be a result of any other do something that is below the standard of medical treatment, for instance, failing to diagnose an illness or prescribing incorrect medication during pregnancy.

One example involves the teratogens. These medications can cause birth defects that are serious. In the course of pregnancy, doctors generally advise women to not take this medication, which is utilized to treat seizures. If a pregnant woman is exposed to this medication, she must file an insurance claim.

It is essential to select an attorney who has handled these types of cases. It is best to choose an attorney who has years of experience in this field and works on contingency, so you won't have to pay nothing until you win. Find an attorney who has excellent communication and negotiation skills. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities that require expensive medical treatment and accommodations for the child. Most of the time, these issues are genetically inherited, but some of them may be caused by environmental or chemical exposure, or medications that the mother took while pregnant.

Pharmaceutical manufacturers are required to test their products thoroughly and warn consumers of any risks. Unfortunately, some pharmaceutical companies fail to keep up with the latest research or anticipate the potential adverse consequences. Some doctors prescribe dangerous drugs to their patients. Moreover, some women aren't aware of the dangers associated with using certain drugs during pregnancy. These drugs, also known as teratogens can cause birth defects, including spina-bifida in the fetus.

Other substances that could cause birth defect lawsuit defects include chemicals that are used in manufacturing and agriculture in addition to heavy metals, like mercury, which are contaminating the groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to harmful chemicals and substances that can damage their reproductive health and cause birth defects.

It is crucial to gather as many evidences as you can prior to making a claim against the responsible parties. This includes any ultrasound scans, blood tests, and medical bills incurred as a result of the birth defect. This information can help attorneys determine the worth of the case.

Product Liability

Pregnancy is among the most exciting, but stressful experiences in a woman's lifetime. It's also a time where many medical professionals can make mistakes that cause birth defects. A top lawyer can assist parents in submitting a claim and obtaining the compensation they deserve from those responsible for the handicap of their child.

While the causes of birth defects are usually unknown to medical experts, a significant number are linked to exposure to chemicals or environmental factors. This can include parental exposure to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

Additionally, the manufacturers and those who prescribe prescription drugs have a responsibility to warn consumers of the dangers. Yet, a large percentage of these drugs are sold off-label to women who are pregnant age without proper warnings about the potential for birth defects. This is particularly applicable to antidepressants such Prozac and Birth defect lawsuit Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice focuses on cases involving the development of birth defects caused by parental exposure to toxic chemicals such as those used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.