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Birth Defect Litigation

Some injuries are out of the parents or their control. When these injuries require special medical attention and expensive procedures, it can result in huge costs for families.

A New York birth defect lawyer can assist parents who are stunned to file a claim and get compensation to pay for future expenses. The law has strict time limits on when a claim may be filed.

Statute of Limitations

Modern medical technology and advancements in medical science have helped to reduce risks associated with pregnancy, childbirth and birth. However birth defects and injuries continue to occur. Families need to consider their legal options if they can be prevented.

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing staff at any point during the birth process, including labor and pregnancy. Medical professionals may also be negligent following the birth of a child in the event that they fail to provide appropriate treatment.

In general the statute of limitations for these cases are 2.5 years after the date of the medical malpractice. For infants this period may be extended. But, it is crucial to seek legal counsel as soon as possible to ensure that all evidence has been collected and that a timely claim can be filed.

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

When selecting an attorney for a birth injury or defect lawsuit parents should look for the following characteristics:

Medical Malpractice

Birth defects can lead to a wide range of physical or birth defect mental problems. Some birth defects can cause death. Some of these problems are inherited, whereas others are caused by exposure to environmental factors or the usage of prescribed drugs during pregnancy.

A medical professional or doctor could be convicted of malpractice if they cause a birth defect through their actions or inaction. These cases typically involve medical negligence during the birth or labor process. They can also be a result of any act of failure to do something that is below the standard of medical care, like, failing to diagnose an illness or prescribing incorrect medication 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 woman who is pregnant is exposed to this medication, she must file an insurance claim.

It is vital to choose an attorney with previous experience in these cases. Look for a law firm that is experienced in this field and operates on a contingency basis, so you don't have to pay any fees unless you get the case won. Also, look for a lawyer with strong communication and negotiation skills. 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 that require expensive medical treatment and accommodations for the child. These issues are often genetic, but they may also be caused by environmental or chemical exposure or medication taken by the mother during pregnancy.

Drug manufacturers are required to test their products correctly and inform the public about any risks that could be present. Unfortunately, some pharmaceutical companies are not keeping up-to-date with current research or fail to anticipate potential adverse effects. In addition, doctors can prescribe dangerous medications to their patients and women may not receive adequate information on the risks associated with taking certain drugs during pregnancy. These are known as teratogens and can cause birth defects in the fetus, such as spina Bifida.

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

If you are filing lawsuits against the parties that are accountable for your child's health it is crucial to gather as much evidence as possible. This includes ultrasound images, blood tests and birth defect medical bills that arose as a result of the birth defect. This information assists the attorney determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting and anxious experiences of a woman's lifetime. It's also a time when many medical professionals make mistakes that could lead to birth defects. An experienced attorney can assist parents make a claim against those who are responsible for their child's disabilities and acquire the justice they deserve.

While the causes of birth defects are usually not understood by medical professionals but a large proportion of birth defects can be linked to exposure to chemicals or environmental causes. This can include parental exposure to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used for crop spraying and pesticides.

Additionally, the manufacturers and the people who prescribe prescription medications have a responsibility to warn consumers of the dangers. However, a significant portion of these drugs are marketed off-label to women of childbearing age, without warnings about the potential for birth defects. This is especially true for antidepressants such as Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He concentrates his practice on cases involving the occurrence of birth defects due to parental exposure to toxic chemicals, including the ones used in semiconductor manufacturing and agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.