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Birth Defect Litigation

Parents want perfect babies, but some injuries happen outside their control. If injuries that result from these accidents require special treatment and expensive procedures, it can result in huge costs for families.

A New York birth defect lawyer can assist parents in filing claims and receive compensation to pay for future expenses. The law has strict time limitations on when a claim can be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks associated with childbirth and pregnancy. Birth defects and injuries do continue to occur. When they are preventable, families should consider their legal options.

Many birth defect lawsuits are stemming from allegations that medical malpractice occurred. These cases could involve mistakes made by nurses or doctors staff at any point during pregnancy, labor and birth. Additionally medical professionals can be guilty of medical malpractice after a child's birth defect attorney if they fail to provide the correct treatment.

In general, the statutes of limitation for these cases are 2.5 years after the date of the medical negligence. The time limit can be extended to infants. It is nevertheless important to seek legal counsel as soon as you can to ensure that all evidence is collected and that a timely claim be filed.

In addition to medical malpractice, a suit can also be filed on behalf of a baby for birth defects caused by wrongful exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect lawyers [straight from the source] can investigate and birth defect Lawyers prosecute these claims on behalf of the family.

Parents should think about the following qualities when selecting an attorney to represent them in a lawsuit involving birth injury or defect:

Medical Malpractice

Birth defects can cause various mental and physical ailments. Certain birth defects can be fatal. Some of these issues could be genetic, while others are caused by exposure to environmental factors or prescription drugs taken during pregnancy.

A doctor or medical professional could be accused of misconduct if they cause birth defects through their actions or inaction. These cases usually are caused by medical negligence during delivery or labor. They can also be a result of any act of failure to act which falls below a standard of medical treatment, for instance not diagnosing an illness or prescribing the wrong medication during pregnancy.

One such type of case involves a medication called teratogens. This medication can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If an individual is exposed to the drug she must file a claim.

It is vital to select an attorney with prior experience in these types of cases. Look for a law firm that specializes in this area, and works on an on a contingency basis, meaning you don't pay anything unless you are successful. Also, look for an attorney who has strong communication and negotiation abilities. This will ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

Many birth defects lead to physical or mental disabilities, which require expensive medical care and accommodations for the child. Most of the time, these issues are inherited, but a few of them can be caused by environmental or chemical exposure, or the medications the mother took while pregnant.

Drug makers are required to ensure that their products are tested properly and warn the public of any potential risks. Unfortunately certain pharmaceutical companies do not keep up with the latest research or fail to anticipate possible side effects. In addition, doctors can prescribe dangerous drugs to their patients as well as some women do not have adequate information about the risks of taking certain medications during pregnancy. These are known as teratogens. They could cause birth defects in the fetus. This includes spina Bifida.

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

If you are filing lawsuits against the parties that are accountable for your child's health It is crucial to gather the most evidence you can. This includes any ultrasound images, blood tests, and medical bills incurred due to the birth defect. This 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. However, it's also a time where many medical professionals make mistakes that can cause birth defects. An experienced attorney can help parents to file a claim against the medical professionals responsible for their child's disability and acquire the amount of compensation they deserve.

Medical professionals aren't always able of determining the root of birth defects, but most of them can be attributed to chemical or environmental exposure. This may include contact by parents with toxic chemicals at the workplace, like glycolethers and solvents utilized in semiconductor manufacturing as well as agricultural chemicals used for pesticides as well as spraying on crops.

In addition, the manufacturer and those who prescribe prescription drugs must inform patients of the risks. A significant portion of these drugs are marketed to women who are expecting without warnings of the possibility of birth defect. This is especially the case with antidepressants such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against pharmaceutical and chemical companies. His practice focuses on cases that involve the occurrence of birth defects caused by exposure of parents to toxic chemicals, including those in semiconductor manufacturing and agriculture. He is a graduate of the American University in Washington, D.C. as well as Suffolk University Law School.