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Birth Defect Litigation

Some injuries are beyond the parents of their control. When injuries require specialized care and costly procedures, it could result in huge costs for families.

A New York birth defect lawyer can assist parents in filing an action and receive compensation to cover the cost of future expenses. However, the law imposes strict deadlines when a claim needs to be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks of childbirth and pregnancy. However birth defects and injuries still occur. Families should consider their legal options when they can be prevented.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve mistakes made by nurses or doctors at any point during the birth, labor and delivery procedures. Medical professionals can also be guilty of malpractice following the birth of a baby when they fail to provide the proper treatment.

In general the statute of limitation for these cases are 2.5 years from the date of the medical mistake. This time frame can be extended for infants. It is crucial to consult a lawyer whenever you can to ensure that all evidence is collected and that a timely complaint can be filed.

In addition to medical malpractice, a lawsuit can also be brought on behalf of a baby for birth defects resulting from improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

When choosing an attorney to represent them in a birth injury or defect lawsuit parents should consider the following characteristics:

Medical Malpractice

Birth defects can trigger many mental or physical ailments. Some birth defects can be fatal. Certain of these problems could be genetic while others are caused by exposure to the environment or prescription medications used during pregnancy.

A medical professional or doctor may be accused of negligence when they cause a birth defect through their actions or inaction. The most common cases involve medical negligence during the birth or labor process. They also encompass any do something that is below the standard of medical care, like the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One such type of case is a medication called teratogens, which can cause serious birth defects. During pregnancy, doctors typically advise women to avoid taking this medication, which is utilized to treat seizures. If an individual is exposed to the drug, she must make a claim.

It is important to select an attorney with experience handling these kinds of cases. Choose a law firm that is specialized in this area, and works on an hourly basis, which means you don't pay anything unless you are successful. Choose an attorney with an excellent ability to communicate and negotiate. This can help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require costly medical care and accommodations for the child. Most often, these disorders are genetically inherited, but some of them may be caused by environmental or chemical exposure, or by medications the mother was taking during pregnancy.

Pharmaceutical manufacturers are required to test their products properly and inform the public of the potential dangers. Unfortunately certain pharmaceutical companies fail to keep up-to-date with current research or fail to anticipate possible side consequences. Furthermore, doctors may prescribe dangerous medications to their patients and women may not get proper information about the risks of taking certain drugs during pregnancy. These medications are referred to as teratogens, and they can cause birth defects in the fetus, including spina Bifida.

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

If you decide to file a lawsuit against the parties that are accountable for your child's health it is crucial to gather the most evidence you can. This includes any blood tests, ultrasound images, and medical bills that arose as a result of the birth defect. This allows the attorney to determine the value of the case.

Product Liability

Pregnancy is among the most exciting and anxious experiences of women's lives. It's also a time where medical professionals often make mistakes that could lead to birth defects. A top lawyer can assist parents in submitting an appeal and gaining the compensation they deserve against those responsible for the handicap of their child.

Although the causes of birth defects are usually unknown to medical experts but a large proportion of birth defect law firms defects are linked to environmental or chemical exposure. This may include contact by parents with toxic chemicals in the workplace, such as glycol ethers and solvents that are used in semiconductor manufacturing, as well as chemical pesticides used in agriculture and spraying crops.

Additionally, the manufacturers and those who prescribe prescription medicines are required to inform people of their risks. Yet, a large percentage of these drugs are offered off-label for women of childbearing age without proper warnings about the potential for 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 pharmaceutical and chemical companies. His practice focuses on cases that involve the occurrence of birth defects that result from exposure of parents to toxic chemicals, such as those in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C., and Suffolk University Law School.