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Birth Defect Litigation

Parents want their children to be perfect however, there are some injuries that occur outside their control. If injuries that result from these accidents require special treatment and costly procedures, it can result in huge costs for families.

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

Statute of limitations

Modern medical technology and advances have helped to reduce risks that are associated with childbirth, pregnancy and birth. Birth defects and injuries do persist. If they can be prevented, families should consider their legal options.

Many birth defect lawsuits stem from allegations of medical malpractice. These lawsuits can be based on mistakes made by nurses or doctors at any time during birth, labor and delivery procedures. Medical professionals may also be negligent following the birth of a child when they fail to provide the proper treatment.

Generally, the statute of limitations in these cases is 2.5 years from when the act was committed of medical negligence. This time frame can be extended for infants. However, it is essential to seek legal advice as soon as possible to ensure that all evidence is collected and that a timely claim be filed.

A lawsuit can be filed on behalf of a child for birth defects caused by chemical and toxic exposures during the pregnancy. Specially trained birth defects lawyers can look into these claims and bring them to trial on behalf of the family.

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

Medical Malpractice

Birth Defect Lawsuit defects can lead to an array of mental or physical issues. Some birth defects can cause death. Certain of these problems could be genetic while others are caused through exposure to the environment or prescription medications taken during pregnancy.

Medical professionals or doctors could be accused of malpractice when they cause birth defects by their actions or inaction. These cases typically are due to medical negligence during delivery or labor. They may also involve any do something that is below the standard of medical care, such as the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One example is involving teratogens. These drugs can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should file an insurance claim.

It is important to choose an attorney who is experienced in handling these kinds of cases. Look for a law firm that is experienced in this area, and works on an on a contingency basis, meaning you don't pay anything unless you succeed. Also, you should look for a lawyer who has excellent communication and negotiation abilities. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

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

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

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

It is important to collect as the evidence you can prior to making a claim against the party responsible. Included in this are any ultrasound images and blood tests as well as medical bills that are incurred as a result. This assists the attorney in determining the monetary value of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking moments in a woman's life. It's also a time when medical professionals make mistakes that cause birth defects. An experienced attorney can help parents bring a lawsuit against those accountable for their child's handicap and receive the justice they deserve.

Medical experts aren't always able to pinpoint the root of birth defects, but the majority of them can be due to environmental or chemical exposure. This can include parental contact with toxic chemicals at the workplace, for example glycol ethers and solvents that are used in semiconductor manufacturing as well as agricultural chemicals for pesticides and crop spraying.

Manufacturers and those who prescribe medications also have a duty to warn people about the dangers. However, a lot of these drugs are sold off-label to women of childbearing age without warnings regarding the potential for birth defects. This is particularly true for antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects are caused by parental exposure to toxic chemical such as those employed in the manufacture of semiconductors or in agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.