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Birth Defect Litigation

Parents want perfect children However, some accidents happen out of their control. When injuries require specialized treatment and expensive procedures, it could cause families to be faced with massive costs.

A New York birth defect lawyer can help stunned parents file a claim and get compensation to cover the cost of future expenses. The law has strict time limits on when a claim can be filed.

Statute of limitations

Modern medical technology and advances 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 stemming from accusations of medical malpractice. These cases could involve mistakes made by doctors or nursing personnel at any stage of pregnancy, labor and birth. Additionally medical professionals could be guilty of medical malpractice after the birth of a baby if they fail to provide the correct treatment.

In general the statute of limitations in these cases is 2.5 years from the date of the medical error. The time limit is extended for infants. It is nevertheless important to seek legal advice early enough to ensure that all evidence is obtained and that a timely claim be filed.

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

Parents should consider the following qualities when selecting an attorney to represent them in a lawsuit for birth injury or defect:

Medical Malpractice

Birth defects can cause various physical and mental problems. Some of them can be fatal. Some of these issues are caused by genetics, while others are due to environmental exposures or the use of prescription drugs during pregnancy.

A doctor or medical professional can be accused of negligence when they cause birth defects by their actions or inaction. These cases are usually caused by medical negligence during labor or delivery. They can also be a result of any perform a task that is not within the standard of medical care, for example not diagnosing an illness or prescribing incorrect medication during pregnancy.

One such type of situation involves a drug called teratogens. This medication can cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should submit an insurance claim.

It is crucial to select an attorney who has experience in these types of cases. It is best to choose a firm that has years of experience in this field and is on contingency, which means you don't pay anything until you are successful. Also, you should look for an attorney with excellent communication and negotiation abilities. This will help ensure that you submit your claim before the time limit expires.

Prescription Drugs

Many birth defects cause physical or mental disabilities that require costly medical treatment and accommodations for the child. Often, these conditions are genetically inherited, but some of them are caused by chemical or environmental exposure, or the medications the mother consumed during pregnancy.

Pharmaceutical manufacturers are required to adequately test their products and inform consumers of any risks. Unfortunately, some pharmaceutical companies don't keep up to date with the latest research or fail to anticipate potential side consequences. Additionally, doctors can prescribe dangerous medications to their patients and women may not receive adequate information on the dangers of taking certain medications during pregnancy. These are known as teratogens, and they could 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, as well as heavy metals such as mercury that can contaminate groundwater or air. Diane Paolicelli's legal career has been dedicated to fighting powerful corporations who expose women to toxic substances and chemicals that can cause harm to their reproductive health and cause birth defects.

If you are filing lawsuits against the parties that are accountable for your child's health, it is important to gather as much evidence as you can. This includes blood tests, ultrasound images, and medical bills that arose because of the birth defect. This will help the attorney determine the value of the case.

Product Liability

Pregnancy is among the most thrilling and stressful events in a woman's lifetime. It's also the time when medical professionals are prone to making mistakes that result in birth defects. A reputable attorney can assist parents in submitting a claim and obtaining the compensation they deserve against those responsible for the disability of their child.

Although the causes of birth defects are generally unknown to medical experts but a large proportion of birth defects are linked to exposure to chemicals or environmental factors. 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 crop spraying and pesticides.

The manufacturers and the people who prescribe medications also have a duty to warn people about the dangers. A majority of these drugs are marketed to pregnant women without warnings about the possibility of birth Defect law firms defects. This is particularly applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect law firm defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals in the home by parents such as those used in semiconductor manufacturing or agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.