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Birth Defect Litigation

Parents want their children to be perfect However, some injuries occur outside their control. Families can be left with huge debts when these injuries require expensive procedures and specialized care.

A New York birth defect lawyer can assist parents who are stunned to file an appeal and obtain compensation to cover the cost of future expenses. However, the law has strict deadlines for when a claim must 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 continue to occur. Families need to consider their legal options when they can be prevented.

Many birth defect lawsuits are stemming from claims of medical malpractice. These cases can involve errors committed by nurses or doctors at any point during the labor and delivery procedures. Medical professionals can also commit malpractice after the birth defect law firm of a baby in the event that they fail to provide appropriate treatment.

Generally, the statute of limitations in these cases is generally 2.5 years from the date of the occurrence of medical negligence. The time limit can be extended to infants. However, it is important to seek legal counsel as soon as you can to ensure that all evidence is gathered and that a timely claim be filed.

A lawsuit can be filed on behalf of a baby for birth defects that are caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

Parents should be aware of the following characteristics when choosing an attorney to represent them in a lawsuit for birth defects or injuries:

Medical Malpractice

birth defect law firm defects can trigger many mental or physical issues. Some of them can be fatal. Some of these issues may be genetic 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 when they cause birth defects due to their actions or inaction. These cases usually are caused by medical negligence during labor or delivery. They also encompass any act of failure to perform a task that is not within the standard of medical care, like failing to recognize an illness or prescribing the wrong medication during pregnancy.

One example of this type of situation involves a drug known as teratogens, which could cause birth defects that are serious. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug then she must make an insurance claim.

It is vital to select an attorney with prior experience in these types of cases. Find a firm that specializes in this area, and works on a contingency basis, so you won't have to pay a dime unless you are successful. Choose an attorney with an excellent ability to communicate and negotiate. This will ensure that you submit your claim before the time for filing expires.

Prescription Drugs

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

Drug makers are required to thoroughly test their products and warn consumers about any risks. Unfortunately, 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. Some women aren't aware of the risks associated with taking certain drugs while pregnant. These drugs are known as teratogens, and they could cause birth defects in the fetus, such as spina bifida.

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

When filing an action against the parties responsible for your child's condition 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 assists the attorney in determining the value of the case.

Product Liability

Pregnancy can be one of the most exciting, but anxiety-inducing experiences in women's lives. It's also a time when many medical professionals make mistakes that can cause birth defects. An experienced attorney can help parents to file a claim against the medical professionals who are responsible for their child's disabilities and receive the compensation they deserve.

Although the causes of birth defects are generally unknown to medical professionals however, many of them can be linked to exposure to chemicals or environmental causes. This can include parental contact with toxic chemicals at the workplace, such as glycol ethers and solvents used in semiconductor manufacturing and agricultural chemicals for pesticides and spraying on crops.

Furthermore, manufacturers and the people who prescribe prescription medications have a responsibility to warn people about the risks. A large portion of these drugs are offered to women who are expecting without warnings of the possibility of birth defect. This is particularly relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects are caused by exposure to toxic chemicals by parents 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.