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Birth Defect Litigation

Parents want perfect children, but some injuries happen outside of their control. Families could be faced with huge debts when these injuries require costly procedures and special care.

A New York birth defect lawyer can assist parents in filing a claim and get compensation to pay for future expenses. However, the law imposes strict deadlines for when a claim must be filed.

Statute of limitations

Modern technology and medical advancements have made it possible to reduce the risks that are associated with childbirth, pregnancy and birth. However birth defects and injuries still occur. Families need to explore their legal options when they are preventable.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve errors made by nurses or doctors at any time during birth, labor and delivery processes. Medical professionals can also be guilty of malpractice 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 when the act was committed of medical malpractice. This time frame is extended for infants. But, it is crucial to seek legal advice immediately to ensure that all evidence is obtained and that a timely claim be filed.

In addition to medical malpractice, a suit can also be filed on behalf of a baby for birth defects caused by improper toxic and chemical exposures that occur during a mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

When choosing an attorney for a birth injury or defect lawsuit, parents should look for the following qualities:

Medical Malpractice

Birth defects can result in many mental or physical ailments. Some birth defects can be fatal. Some of these problems are caused by genetics, while others are caused by exposure to environmental factors or the usage of prescribed drugs during pregnancy.

A doctor or medical professional could be accused of misconduct when they cause a birth defect through their actions or inaction. Most cases involve medical negligence during the birth defect attorneys or labor process. They may also involve any perform a task that is not within the standard of medical care, like failing to recognize an illness or prescribing incorrect medication during pregnancy.

One such type of case involves a medication called teratogens, which can cause serious birth defects. Doctors typically advise women not to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this medication, she must file a claim.

It is crucial to select an attorney with experience handling these types of cases. Look for a law firm that is specialized in this area and operates on an on a contingency basis, meaning you don't pay anything unless you succeed. Look for an attorney who has great negotiation and communication skills. This will help to ensure that you submit your claim before the statute of limitations expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, which require expensive medical care 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 test their products correctly and inform the public about any potential dangers. Unfortunately some pharmaceutical companies do not keep up with research or anticipate possible side consequences. Certain doctors prescribe dangerous drugs to their patients, and some women are not aware of the dangers associated with taking certain drugs while pregnant. These medications are referred to as teratogens. They can cause birth defects in the fetus, including spina bifida.

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

If you decide to file lawsuits against the parties responsible for your child's condition It is crucial to gather as much evidence as possible. This includes blood tests, ultrasound images, and medical bills incurred due to the birth defect. This information can help the attorney assess the worth of the case.

Product Liability

Pregnancy is among the most exciting, and anxious experiences of a woman's lifetime. It's also a time where many medical professionals make mistakes that could lead to birth defects. An experienced attorney can help parents in submitting a claim and obtaining the compensation they deserve from the people responsible for the disabilities of their child.

Although the causes of birth defects are often unknown to medical professionals but a large proportion of birth defects can be attributed with exposure to chemicals or the environment. This can include parental exposure to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for crop spraying and pesticides.

Furthermore, manufacturers and those who prescribe prescription medications must inform consumers of the dangers. However, a lot of these medications are sold off-label for 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 chemical and pharmaceutical companies. He focuses his practice on cases that involve the occurrence of birth defect attorney defects resulting from exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.