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Birth Defect Litigation

Some injuries are beyond the parents' control. Families may be left with huge bills when these injuries require costly procedures and special care.

A New York birth defect lawyer can assist parents who are stunned to file claims and receive compensation to cover future expenses. The law has strict deadlines on when a claim may be filed.

Statute of limitations

Modern technology and medical advancements have helped reduce the risks of childbirth and pregnancy. Birth defects and injuries remain a possibility. If they're preventable families must consider their legal options.

Many birth defect lawsuits are stemming from claims of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any time during birth, labor and delivery procedures. Additionally medical professionals can be guilty of medical malpractice after a child's birth by failing to provide the correct treatment.

In general the statute of limitations for these cases are 2.5 years from the date of the medical malpractice. For infants, this time can be extended. It is crucial to consult a lawyer whenever you can to ensure that all the evidence is collected, 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 the pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

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

Medical Malpractice

birth defect lawyers defects can cause various mental and physical ailments. Some birth defects can be fatal. Some of these problems are caused by genetics, while others are caused by environmental exposures or the use of prescription drugs during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects as a result of their actions or inaction. These cases usually are due to medical negligence during delivery or labor. However, they can also include any act or inability to act that is in violation of the medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medicine during pregnancy.

One example of this type of case is a medication called teratogens, which can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must file an insurance claim.

It is important to select an attorney who is experienced in handling these types of cases. Look for a law firm that is experienced in this area, and works on an on a contingency basis, meaning you won't have to pay a dime unless you get the case won. Also, look for a lawyer who has excellent negotiation and communication skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

A variety of birth defects cause 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 can be caused by chemical or environmental exposure or medication that the mother consumed during pregnancy.

Drug manufacturers are required to thoroughly test their products and warn consumers of any potential risks. Unfortunately certain pharmaceutical companies fail to keep up to date with the latest research or fail to anticipate potential adverse consequences. Some doctors prescribe dangerous drugs to their patients. Some women are not informed about the dangers associated with using certain drugs during pregnancy. These drugs, known as teratogens, may cause birth defects, including spina-bifida in the fetus.

Other substances that can cause birth defects are the chemicals used in the manufacturing and agricultural industries, as well as heavy metals like mercury that contaminate air or groundwater. Diane Paolicelli's career in law has been focused on fighting powerful corporations who expose women to harmful substances and chemicals that can damage their reproductive health or cause birth defects.

It is essential to gather as the evidence you can prior to filing a lawsuit against the parties responsible. This includes any ultrasound scans, blood tests and medical bills incurred because of the birth defect. This information can help attorneys determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting, yet stressful experiences in women's lives. But it's also a period when medical professionals can make mistakes that could lead to birth defects. An experienced attorney can assist parents file a claim against those responsible for their child's disability and obtain the justice they deserve.

While the causes of birth defects are often unknown to medical professionals however, many of them are linked to exposure to chemicals or environmental factors. This can be due to exposure by parents to harmful chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for crop spraying and pesticides.

In addition, manufacturers and those who prescribe prescription drugs 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 about the potential for birth defect attorneys 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 chemical and pharmaceutical companies. He concentrates his practice on cases involving the occurrence of birth defects that result from exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.