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Birth Defect Litigation

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

A New York birth defect lawyer can assist parents in filing an appeal and obtain compensation to cover future costs. However, the law puts strict deadlines for when a claim should be filed.

Statute of limitations

Modern medical technology and advances have helped to reduce risks associated with childbirth, pregnancy and birth. Birth defects and injuries still occur. Families should consider their legal options if they are preventable.

Many birth defect lawsuits are based on allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing personnel at any stage of the birth process, including labor and pregnancy. Medical professionals can also be negligent following the birth of a baby in the event that they fail to provide appropriate treatment.

Generally, the time limit for these cases is generally 2.5 years from the date of the act of medical malpractice. For infants, this time period may be extended. It is nevertheless important to seek legal advice early enough to ensure that all evidence is gathered and that a timely claim can 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 bring these cases on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit parents should look for the following qualities:

Medical Malpractice

Birth defects can result in a wide range of mental or physical problems. Certain birth defects can be fatal. Some of these problems are genetic, but others are caused by environmental exposures or the use of prescription drugs during pregnancy.

A doctor or medical professional could be accused of misconduct in the event of causing a birth defect through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. However, they could also include any act or inability to act in excess of a medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One example of situation is a drug called teratogens. This medication can cause serious birth defect lawsuit defects. In the course of pregnancy, doctors generally recommend women not to take this medication, which is utilized to treat seizures. If women are exposed to the drug, she must submit an insurance claim.

It is crucial to select an attorney who has expertise in these kinds of cases. Look for a law firm that is specialized in this area, and works on an hourly basis, which means there is no cost unless you succeed. Also, search for a lawyer who has excellent communication and negotiation abilities. This can help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

Many birth defects cause physical or mental disabilities, which require expensive medical care and accommodations for the child. These conditions are often genetic, but can 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 inform consumers of any potential risks. Unfortunately some pharmaceutical companies do not keep up with research or anticipate the potential adverse consequences. Furthermore, doctors may prescribe dangerous drugs to their patients and some women do not get proper information about the risks associated with taking certain medications during pregnancy. These are known as teratogens and can cause birth defects in the fetus, such as spina bifida.

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

It is essential to gather as many evidences as you can prior to filing a lawsuit against the parties responsible. Included in this are any ultrasound images as well as blood tests and medical bills that are incurred as a result. This information will help attorneys determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting and anxious experiences of a woman's lifetime. It's also the time that medical professionals can make mistakes that result in birth defects. A reputable attorney can assist parents in filing a claim and obtaining the compensation they deserve from those responsible for the handicap of their child.

Medical experts are not always able determine the root of birth defects, but many of them can be caused by environmental or chemical exposure. This could include exposure of parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.

Manufacturers and those who prescribe medicines are also required to inform the public about the dangers of their products. Yet, a large percentage of these medications are sold off-label for women of childbearing age without warnings regarding the risk of birth defect lawsuit defects. This is especially applicable to 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 focuses on cases involving the development of birth defects caused by parental exposure to toxic chemicals, including those used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.