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Birth Defect Litigation

Parents want their children to be perfect However, some injuries occur outside of their control. Families may be left with huge debts when these injuries require costly procedures and special treatment.

A New York birth defect lawyer can assist parents in filing a claim and get compensation to cover the cost of future expenses. The law has strict deadlines for when claims can be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks that come with childbirth and pregnancy. However, birth defects and injuries do occur. If they can be prevented, families must consider their legal options.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can be based on mistakes made by doctors or nurses at any time during the labor and birth processes. Medical professionals can also be negligent following the birth of a child in the event that they fail to provide appropriate treatment.

In general, the statutes of limitation for these cases is 2.5 years from the date of the medical mistake. This time period can be extended to infants. However, it is essential to seek legal counsel immediately to ensure that all evidence is gathered and that a timely claim can be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of a baby for birth defects caused by improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Lawyers specially trained in birth defects can investigate the claims and then prosecute them on behalf of the family.

Parents should take into consideration the following factors when choosing an attorney to represent their interests in a lawsuit filed for birth defects or injuries:

Medical Malpractice

birth defect law firm defects can trigger numerous mental or physical ailments. Certain birth defects can cause death. Some of these problems are inherited, while others are caused by exposure to the environment or the use of prescription medications 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 typically are due to medical negligence during labor or delivery. They can also be a result of any other act which falls below a standard of medical care, such as the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One example is involving teratogens. These drugs can cause serious birth defects. When pregnant, doctors usually advise women to stay clear of this medication, which is utilized to treat seizures. If a pregnant woman is exposed to this medication, she must submit a claim.

It is important that you choose an attorney who has prior experience in these types of cases. It is best to choose an attorney with expertise in this area and is on contingency, which means you don't have to pay anything until you are successful. Additionally, you should choose an attorney with excellent negotiation and communication skills. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects can cause mental or physical disabilities that require expensive medical treatment and accommodations for the child. These problems are usually genetic, but they can also be caused by chemical or environmental exposure or the use of medications by the mother during pregnancy.

Drug makers are required to thoroughly test their products and warn consumers of any risks. Unfortunately certain pharmaceutical companies fail to keep up with research or anticipate possible side consequences. Some doctors prescribe dangerous drugs to their patients, and some women aren't aware of the risks associated with taking certain drugs while pregnant. These are known as teratogens. They can cause birth defects within the fetus, including spina Bifida.

Other substances that can cause birth defects are chemicals used in manufacturing and agriculture in addition to heavy metals such as mercury, which are contaminating the groundwater and air. Diane Paolicelli has dedicated her legal career to fighting against powerful corporations which expose women to harmful chemicals and other substances that damage their reproductive health and lead to birth defects.

If you decide to file lawsuits against the parties who are responsible for your child's illness, it is important to gather as much evidence as you can. This includes any ultrasound images, blood tests and medical bills that arose as a result of the birth defect. This information helps attorneys determine the worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking moments in a woman's life. But it's also a time when many medical professionals make mistakes that could lead to birth defects. An experienced attorney can help parents to file a claim against the medical professionals responsible for their child's disability and receive the proper compensation they're entitled to.

Medical professionals aren't always able to determine the causes of birth defects, however the majority of them can be attributable to environmental or chemical exposure. This could include contact from parents with toxic chemicals at the workplace, for example solvents and glycol ethers used in semiconductor manufacturing, and chemical pesticides used in agriculture and crop spraying.

The manufacturers and the people who prescribe medicines must also inform the public about the dangers of their products. A significant portion of these drugs are marketed to women who are expecting without warnings about the risk of birth defect. This is particularly applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He focuses his practice on cases where birth defects result from exposure of parents to toxic chemicals such as those that are used in the manufacture of semiconductors or in agriculture. He is a graduate from the American University in Washington, D.C. and Suffolk University Law School.