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Birth Defect Lawsuit Defect Litigation

Parents want their children to be perfect however, there are some injuries that occur outside of their control. Families could be faced with a large bill when injuries require expensive procedures and specialized care.

A New York birth defect attorney can assist parents in shock file a claim to get compensation for future expenses. The law has strict time limits on when a claim can be filed.

Statute of Limitations

Modern medical technology and advancements in medical science have aided in reducing the risks associated with pregnancy, childbirth and birth. However birth defects and injuries continue to occur. Families need to explore their legal options when they can be prevented.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases can involve errors committed by nurses or doctors at any time during the labor and birth defect lawyers processes. In addition, medical professionals can commit medical malpractice following the birth of a child in the event that they fail to provide proper care.

In general the statute of limitations in these cases is 2.5 years from the date of the medical negligence. For infants, this time is sometimes extended. It is essential to talk with an attorney immediately to ensure that all the evidence is collected and that a timely complaint be filed.

A lawsuit can be filed on behalf of a child in relation to birth defects caused by chemical and toxic exposures during pregnancy. Lawyers specially trained in birth defects can investigate and bring these cases on behalf of the family.

Parents should think about the following characteristics when choosing an attorney to represent them in a lawsuit involving birth defects or birth injuries:

Medical Malpractice

Birth defects can result in an array of physical or mental problems. Some birth defects may cause death. Some of these issues could be caused by genetics while others are caused by environmental exposures or prescription drugs taken during pregnancy.

A doctor or medical professional may be accused of negligence if they cause birth defects through their actions or inaction. These cases usually involve medical negligence during the birth or labor process. However, they can comprise any act or failure to act that is in violation of a medical standard of care, such as failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One example of this type of case is a medication called teratogens, which can cause birth defects that are serious. When pregnant, doctors usually advise women to avoid taking this medication, which is commonly used in the treatment of seizures. If an individual is exposed to the drug, she must file an action.

It is essential to select an attorney with experience handling these kinds of cases. Find a firm that specializes in this area, and works on an on a contingency basis, meaning there is no cost unless you win. Additionally, you should choose an attorney who has strong communication and negotiation abilities. This will ensure that you file your claim before the statute of limitations expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to ensure that their products are tested properly and inform consumers of any risks. Unfortunately, some pharmaceutical companies fail to keep up with the latest research or fail to anticipate potential adverse consequences. Some doctors recommend dangerous drugs to their patients, and some women are not aware of the dangers associated with taking certain medications during pregnancy. These medications, also known as teratogens may cause birth defects, such as spina-bifida in the fetus.

Other substances that could cause birth defects include chemicals employed in the production and agricultural industries in addition to heavy metals like mercury that are contaminating groundwater or the air. Diane Paolicelli's legal profession has been focused on fighting powerful corporations who expose women to harmful chemicals and substances that may affect their reproductive health or lead to birth defects.

It is essential to gather as the evidence you can before filing a suit against the responsible parties. This includes any ultrasound scans, blood tests, and medical bills incurred because of the birth defect. This information can help the attorney to determine the worth of the case.

Product Liability

Pregnancy is among the most exciting and anxiety-inducing experiences in a woman's lifetime. It's also the time when many medical professionals can make mistakes that lead to birth defects. A top lawyer can help parents bring a lawsuit against those responsible for their child's condition and receive the justice they deserve.

Medical experts are not always able determine the exact cause of birth defects, but the majority of them can be attributable to environmental or chemical exposure. This can include exposure by parents to toxic chemicals at work, such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for pesticides and crop spraying.

The pharmaceutical companies and those who prescribe medication are also obliged to inform people about the dangers. However, a lot of these drugs are marketed off-label to women who are pregnant age without warnings regarding the risk of birth defects. 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 chemical and pharmaceutical companies. He focuses his practice on cases that involve the occurrence of birth defects that result from parental exposure to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.