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Birth Defect Litigation

Parents want perfect children, but some injuries happen outside of their control. Families may be left with a huge bill when injuries require expensive procedures and Birth Defect Litigation special attention.

A New York birth defect lawyer can assist parents who are stunned to file a claim and get compensation to cover future expenses. However, the law puts strict deadlines for when a claim needs to be filed.

Statute of Limitations

Modern technology and medical advancements have made it possible to reduce the risks related to pregnancy, childbirth and birth. Birth defects and injuries do still occur. If they're preventable families must explore their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These cases could involve mistakes made by nurses or doctors at any time during pregnancy, labor and delivery processes. Additionally medical professionals can be guilty of medical malpractice following the birth of a child if they fail to provide the correct treatment.

In general, the statutes of limitations for these cases is 2.5 years after the date of the medical mistake. The time frame may be extended for infants. It is nevertheless important to seek legal advice early enough to ensure that all evidence is collected and that a timely claim be filed.

A lawsuit can be filed on behalf of a child for 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.

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

Medical Malpractice

birth defect lawsuit defects can lead to many mental or physical ailments. Some birth defect attorneys defects may cause death. Some of these issues are inherited, while others are due to exposure to environmental factors or the usage of prescription drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause a birth defect through their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they may also be a result of any action or failure to act in excess of a medical standard of care, such as failing to diagnose a problem or prescribing the wrong medicine during pregnancy.

One such type of situation involves a drug 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 drug, she should make a claim.

It is important to select an attorney who has handled 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 are successful. Look for an attorney with an excellent ability to communicate and negotiate. This will ensure that your claim is filed before the time for filing expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to thoroughly test their products and warn consumers about any risks. Unfortunately some pharmaceutical companies fail to keep up with the latest research or anticipate the potential adverse consequences. Additionally, doctors can prescribe dangerous medications to their patients as well as some women do not receive adequate information on the dangers of taking certain drugs during pregnancy. These medications are referred to as teratogens. They could cause birth defects in the fetus including spina Bifida.

Other substances that could cause birth defects are the chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury which can contaminate groundwater or air. Diane Paolicelli's career in law has been dedicated to combating powerful corporations that expose women to toxic chemicals and substances that could damage their reproductive health or lead to birth defect compensation defects.

It is important to collect as much evidence as you can prior to making a claim against the parties accountable. Included in this are ultrasound images as well as blood tests and medical bills incurred due to. This information will help the attorney assess the value of the case.

Product Liability

Pregnancy is one of the most thrilling and stressful experiences a woman can go through in her life. But it's also a period when medical professionals can make mistakes that could lead to birth defects. An experienced attorney can help parents file a claim against those responsible for their child's disability and get the proper compensation they're entitled to.

Medical professionals aren't always able of determining the causes of birth defects, however a large number can be due to environmental or chemical exposure. This can include exposure by parents to toxic chemicals at work such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

The pharmaceutical companies and those who prescribe medication also have a duty to warn the public about the dangers of their products. Yet, a large percentage of these drugs are marketed off-label to women of childbearing age, without warnings about the potential for birth defects. This is especially applicable to antidepressants such Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases where birth defects result from parental exposure to toxic chemical, such as those used in semiconductor manufacturing or agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.