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Birth Defect Litigation

Parents want their children to be perfect however, there are some injuries that occur beyond their control. When injuries require specialized medical attention and expensive procedures, it could result in huge costs for families.

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

Statute of Limitations

Modern medical technology and advancements in medical science have helped to reduce risks related to pregnancy, childbirth and birth. However birth defects and injuries continue to occur. If they're preventable families should consider their legal options.

Many birth defect lawsuits are founded on allegations that medical malpractice occurred. These cases may involve mistakes made by nurses or doctors at any point during the pregnancy, labor and delivery processes. Medical professionals can also commit malpractice after the birth of a baby by failing to provide the correct treatment.

In general, the statutes of limitations in these cases is 2.5 years after the date of the medical negligence. The time limit can be extended for infants. It is crucial to consult a lawyer immediately to ensure that all the evidence is gathered, and that a timely complaint can be filed.

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

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

Medical Malpractice

Birth defects can cause a variety of mental and physical issues. Some of them may even be fatal. Some of these issues are genetic, but others are due to exposure to the environment or the use of prescription medications during pregnancy.

A medical professional or doctor could be accused of malpractice when they cause birth defects due to their actions or inaction. These cases are usually based on medical negligence in labor or delivery. They can also be a result of any do something that is below the standard of medical treatment, for instance failing to recognize an illness or prescribing the wrong medication during pregnancy.

One such case involves teratogens. These drugs can result in serious birth defects. Doctors generally advise women not to take this medication during pregnancy. It is used to treat seizures. If a woman is exposed to the drug, then she must submit a claim.

It is essential to select an attorney with experience handling these types of cases. You should choose a firm that has expertise in this area and is based on contingency, meaning that you won't be charged any fees until you win. Look for an attorney with outstanding negotiation and communication skills. This can help 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. These issues are often genetic, but they can also be caused by environmental or chemical exposure or the use of medications by the mother during pregnancy.

Drug makers are required to test their products thoroughly and inform consumers of any potential risks. Unfortunately some pharmaceutical companies don't keep up with the latest research or fail to anticipate possible adverse consequences. Some doctors prescribe dangerous drugs to their patients, and some women aren't aware of the dangers associated with taking certain medications during pregnancy. These medications, also known as teratogens, can cause birth defects, such as spina-bifida in the fetus.

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

When filing lawsuits against the parties responsible for your child's condition it is crucial to gather the most evidence you can. This includes blood tests, ultrasound images and medical bills incurred as a result of the birth defect lawsuit defect. This information helps attorneys determine the value of the case.

Product Liability

Pregnancy is among the most exciting, but anxious experiences of a woman's lifetime. It's also a time when many medical professionals can make mistakes that can lead to birth defects. A top lawyer can assist parents in submitting claims and getting the amount they deserve from those responsible for the handicap of their child.

Medical experts aren't always able to determine the root of birth defects, but the majority of them can be caused by environmental or chemical exposure. This can be due to exposure by parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used for spraying for crops and pesticides.

The manufacturers and the people who prescribe medicines are also obliged to warn people about the dangers. Yet, a large percentage of these drugs are sold off-label to women of childbearing age without warnings regarding the potential for birth 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 pharmaceutical and chemical companies. He concentrates his practice on cases involving the occurrence of birth defects resulting from parental exposure to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.