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Birth Defect Litigation

Some injuries are out of the parents of their control. If these injuries require special treatment and costly procedures, it could result in huge costs for families.

A New York birth defect attorney can help parents who are in shock file a claim to get compensation for future expenses. The law has strict time limits on when a claim can be filed.

Statute of Limitations

Modern technology and medical advances have reduced the risks that are associated with childbirth, pregnancy and birth. However, birth defects and injuries continue to occur. Families need to consider their legal options if they are preventable.

Many birth defect lawsuits are based on allegations of medical malpractice. These cases could involve mistakes committed by nurses or doctors at any point during the labor and delivery processes. Medical professionals may also be guilty of malpractice following the birth of a child if they fail provide proper treatment.

In general the statute of limitations for these cases is 2.5 years after the date of the medical negligence. For infants, this is sometimes extended. It is essential to talk with a lawyer as soon as you can to ensure that all evidence is gathered and that a timely complaint be filed.

In addition to medical malpractice, a suit can also be filed on behalf of a baby for birth defects resulting from improper 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 think about the following characteristics when choosing an attorney to represent them in a lawsuit involving birth defect or injury:

Medical Malpractice

Birth defects can cause many mental or physical ailments. Certain birth defects can cause death. Some of these issues are caused by genetics, while others are due to exposure to environmental factors or the usage of prescription medications during pregnancy.

A medical professional or doctor could be accused of misconduct when they cause birth defects by their actions or inaction. These cases usually are due to medical negligence during labor or delivery. They also encompass any be in compliance with a standard of medical care, like failing to recognize an illness or prescribing incorrect medication during pregnancy.

One example of case is a medication called teratogens, which can cause birth defects that are serious. In the course of pregnancy, doctors generally advise women to avoid taking this medication, which is utilized to treat seizures. If a pregnant woman is exposed to this drug, she should submit a claim.

It is crucial to select an attorney who is experienced in handling these types of cases. Choose a law firm that is specialized in this field and operates on a contingency basis, so there is no cost unless you succeed. Also, look for a lawyer who has excellent communication and negotiation skills. This will help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

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

Drug manufacturers are required to test their products correctly and warn the public of the potential dangers. Sadly, some pharmaceutical companies fail to keep up with research or anticipate potential side consequences. In addition, doctors can prescribe dangerous drugs to their patients as well as some women do not receive the correct information regarding the risks of taking certain drugs during pregnancy. These drugs are known as teratogens. They can cause birth defects within the fetus including spina bifida.

Other substances that may cause birth defects include chemicals used in manufacturing and agriculture and heavy metals, like mercury, which are contaminating the groundwater and air. Diane Paolicelli's career in law has been dedicated to fighting powerful corporations that expose women to toxic chemicals and substances that could harm their reproductive health or lead to birth defects.

It is crucial to collect as many evidences as you can before filing a suit against the parties responsible. Included in this are any ultrasound images, blood tests, and medical bills incurred as a result. This helps the attorney establish the financial value of the case.

Product Liability

Pregnancy can be one of the most exciting, and nerve-wracking experiences in a woman's lifetime. It's also the time when many medical professionals can make mistakes that result in birth defects. A top attorney can assist parents in filing a claim and obtaining the compensation they deserve against those responsible for the handicap of their child.

Medical professionals aren't always able determine the root of birth defects, but the majority of them can be caused by environmental or chemical exposure. This can include exposure by parents to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.

The pharmaceutical companies and those who prescribe medicines are also obliged to warn the public about the risks. However, a significant portion of these drugs are marketed off-label to women who are pregnant age without proper warnings about the possibility of birth defects. This is particularly applicable to antidepressants, such as 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 where birth defects are caused by exposure to toxic chemicals by parents, such as those used in semiconductor manufacturing or birth defect attorney agricultural. He graduated from American University in Washington, D.C. and Suffolk University Law School.