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Birth Defect Litigation

Parents want perfect babies, but some injuries happen outside their control. When these injuries require special treatment and costly procedures, it can result in huge costs for families.

A New York birth defect lawyer can help stunned parents file an action and receive compensation to pay 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 helped to reduce risks associated with childbirth, pregnancy and birth. Birth defects and injuries do persist. Families must consider their legal options if they are preventable.

Many Birth defect lawsuit defect lawsuits are founded on allegations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any time during pregnancy, labor and delivery procedures. Medical professionals may also be negligent after the birth defect attorneys of a child by failing to provide the correct treatment.

Generally, the statute of limitations in these cases is generally 2.5 years from the date of the occurrence of medical malpractice. For infants this period may be extended. However, it is important to seek legal advice immediately to ensure that all evidence is obtained and that a timely claim be filed.

In addition to medical malpractice, a suit can also be filed on behalf of an infant for birth defects that result from wrongful exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defect lawyers can investigate and defend these claims on behalf of the family.

Parents should think about the following characteristics when choosing an attorney to represent them in a suit for birth injury or defect:

Medical Malpractice

Birth defects can result in numerous mental or physical issues. Some birth defects may be fatal. Some of these issues may be genetic while others are triggered through exposure to the environment or prescription medications taken during pregnancy.

A medical professional or doctor could be accused of misconduct if they cause birth defects by their actions or inaction. The majority of these cases are based on medical negligence during delivery or labor. They also encompass any be in compliance with a standard of medical treatment, for instance failing to recognize an illness or prescribing the wrong medication during pregnancy.

One instance of situation is a drug called teratogens. This medication can cause birth defects that are serious. In the course of pregnancy, doctors generally recommend women not to take this medication, which is utilized to treat seizures. If an individual is exposed to the drug it is recommended that she file an insurance claim.

It is important to choose an attorney who has handled these types of cases. It is best to choose an attorney who has experience in this field and works on contingency, so you won't be charged any fees until you win. Also, search for an attorney with excellent communication and negotiation abilities. This can help ensure that your claim is filed before the statute of limitations expires.

Prescription Drugs

A variety of birth defects cause physical or mental disabilities that require expensive medical treatment and accommodations for the child. These disorders are usually genetic, but they can also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.

Drug makers are required to ensure that their products are tested properly and warn the public of any risks that could be present. Sadly certain pharmaceutical companies fail to keep up with the latest research or foresee potential side consequences. Some doctors prescribe dangerous drugs to their patients. Moreover, some women aren't aware of the risks associated with using certain drugs during pregnancy. These drugs, also known as teratogens can cause birth defects, like spina-bifida, in the fetus.

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

If you are filing a lawsuit against the parties that are accountable for your child's health, it is important to gather the most evidence you can. Included in this are any ultrasound images as well as blood tests and medical bills that are incurred as a result. This information assists the attorney assess the worth of the case.

Product Liability

Pregnancy is among the most exciting, yet nerve-wracking experiences in the life of a woman. But it's also a period when many medical professionals make mistakes that can lead to birth defects. A top attorney can assist parents in filing a claim and obtaining the amount they deserve from those responsible for the disability of their child.

While the causes of birth defects are usually unknown to medical professionals however, many of them can be attributed with exposure to chemicals or the environment. This can be due to exposure by parents to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, and agricultural chemicals used in spraying crops and pesticides.

In addition, the manufacturer and those who prescribe prescription medicines have a responsibility to inform people about the risks. A large number of these drugs are marketed to women who are pregnant without warnings of the possibility of birth defect. This is especially applicable to antidepressants, such as Prozac and birth Defect Lawsuit Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases where birth defects are caused by exposure to toxic chemicals by parents such as those that are used in semiconductor manufacturing or agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.