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Birth Defect Litigation

Parents want perfect babies, but some injuries happen out of their control. If these injuries require special treatment and costly procedures, it can result in huge costs for families.

A New York birth defect lawyer can assist parents who are stunned to file an appeal and obtain compensation to pay for future expenses. The law has strict time limitations for when claims can be filed.

Statute of Limitations

Modern technology and medical advancements have helped to reduce the risks that come with childbirth and pregnancy. Birth defects and injuries still occur. Families need to consider their legal options if they are preventable.

Many birth defect lawsuits are made on the basis of allegations of medical malpractice that occurred. These cases could involve mistakes made by doctors or nursing personnel at any stage of labor, birth and pregnancy. In addition, medical professionals can commit medical malpractice after a child's birth by failing to provide proper treatment.

Generally, the time limit for these cases is 2.5 years from the date of the incident of medical malpractice. For infants, the time period may be extended. It is crucial to consult an attorney immediately to ensure that all the evidence is gathered, and that a timely complaint can be filed.

A lawsuit may be filed on behalf of a child in relation to birth defects caused by chemical and toxic exposures during pregnancy. Specially trained Birth defect law firms defect lawyers can look into the claims and then prosecute them on behalf of the family.

Parents should be aware of the following factors when choosing an attorney to represent them in a lawsuit for birth injury or defect:

Medical Malpractice

Birth defects can trigger many physical or mental problems. Some of them could be fatal. Some of these issues could be caused by genetics while others are triggered by exposure to environmental factors or prescription medications taken during pregnancy.

A doctor or medical professional could be accused of malpractice in the event of causing a birth defect through their actions or inaction. Most cases involve medical negligence during the birth or labor process. They can also be a result of any perform a task that is not within the standard of medical care, such as the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One example involves teratogens. These medications can lead to birth defects that are serious. In the course of pregnancy, doctors generally advise women to stay clear of this medication, which is commonly used in the treatment of seizures. If a pregnant woman is exposed to this drug, she should file an insurance claim.

It is crucial to choose an attorney with expertise in these kinds of cases. It is best to choose a firm with years of experience in this field and operates on contingency basis, which means you won't have to pay nothing until you win. Find an attorney who has an excellent ability to communicate and negotiate. This will help to ensure that you submit your claim before the time for filing expires.

Prescription Drugs

A lot of birth defects can cause mental or physical disabilities, that require expensive medical treatment and accommodations for the child. Most often, these disorders are genetically inherited, but some of them can be caused by environmental or chemical exposure, or medications that the mother consumed during pregnancy.

Drug manufacturers have an obligation to adequately test their products and warn consumers of any potential risks. Unfortunately, some pharmaceutical companies fail to keep up-to-date with current research or fail to anticipate potential adverse consequences. Some doctors prescribe dangerous drugs to their patients. Moreover, some women are not informed about the risks associated with taking certain medications while pregnant. These drugs are known as teratogens, and they can cause birth defects in the fetus, including spina Bifida.

Other substances that may cause birth defects include chemicals used in manufacturing and agriculture, as well as heavy metals like mercury, which are contaminating the air or groundwater. Diane Paolicelli's legal career is dedicated to combating powerful corporations that expose women to toxic chemicals and substances that may cause harm to their reproductive health and cause birth defects.

If you are filing an action against the parties who are responsible for your child's illness, it is important to gather as much evidence as you can. Included in this are any ultrasound images or blood tests, as well as medical bills incurred due to. This information assists the attorney to determine the worth of the case.

Product Liability

Pregnancy is among the most exciting, yet anxious experiences of the life of a woman. It's also a time when medical professionals make mistakes that lead to birth defects. A top attorney can assist parents in submitting a claim and obtaining the compensation they deserve against those responsible for the disability of their child.

Medical professionals aren't always able determine the exact cause of birth defects, however a large number can be attributable to environmental or chemical exposure. This may include contact by parents with toxic chemicals in the workplace, such as solvents and glycol ethers used in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

Additionally, the manufacturers and those who prescribe prescription medicines are required to inform patients of the risks. Yet, a substantial portion of these drugs are sold off-label to women who are pregnant age without warnings regarding the potential for birth defects. This is especially applicable to antidepressants such Prozac and 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 due to exposure of parents to toxic chemicals, which includes those in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. and Suffolk University Law School.