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Birth Defect Litigation

Parents want their children to be perfect However, some injuries occur beyond their control. If these injuries require special treatment and costly procedures, it can cause families to incur huge costs.

A New York birth defect lawyer can help stunned parents file claims and receive compensation to cover the cost of future expenses. However, the law places strict deadlines the time a claim has to be filed.

Statute of Limitations

Modern medical technology and advancements in medical science have reduced the risks associated with pregnancy, childbirth and birth. However, birth defects and injuries can still occur. If they're preventable, birth defect families should consider their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases may involve mistakes made by doctors or nurses at any point during the labor and delivery procedures. Medical professionals may also be negligent after the birth of a child in the event that they fail to provide appropriate treatment.

Generally speaking, the statute of limitations in these cases is 2.5 years from the date of the act of medical negligence. The time frame can be extended for infants. However, it is important to seek legal advice 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 could also be filed on behalf of a baby for birth defects caused by improper exposure to chemicals and toxic substances that take place during the mother's pregnancy. Specially trained birth defect lawyers can investigate and prosecute these claims on behalf of the family.

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

Medical Malpractice

Birth defects can trigger an array of mental or physical problems. Some birth defects can cause death. Some of these problems are inherited, whereas others are caused by exposure to the environment or the use of prescription medications during pregnancy.

A medical professional or doctor could be convicted of malpractice when they cause a birth defect through their actions or inaction. These cases are usually caused by medical negligence during labor or delivery. They also encompass any other do something that is below the standard of medical care, like failing to recognize an illness or prescribing incorrect medication during pregnancy.

One such type of case involves a medication known as teratogens, which could cause serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If the woman is exposed to the drug, it is recommended that she make an insurance claim.

It is important that you select an attorney with experience in these types of cases. Choose a law firm that is experienced in this area and operates on an on a contingency basis, meaning there is no cost unless you win. Also, look for a lawyer with strong negotiation and communication skills. This will help to ensure that you submit your claim before the statute of limitations expires.

Prescription Drugs

Many birth defects result in mental or physical disabilities which require costly medical care and accommodations for the child. The majority of these problems are genetic, however some can be caused by chemical or environmental exposure, or medications that the mother took during pregnancy.

Pharmaceutical companies are required to test their products correctly and inform the public about the potential dangers. Unfortunately some pharmaceutical companies don't keep up-to-date with current research or fail to anticipate potential adverse effects. Certain doctors prescribe dangerous medications to their patients. Some women are not informed about the dangers associated with taking certain drugs while pregnant. These are known as teratogens. They can cause birth defects in the fetus, such as 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 affect groundwater or the air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations which expose women to harmful chemicals and substances that affect their reproductive health and cause birth defects.

If you decide to file an action against the parties that are accountable for your child's health It is crucial to gather the most evidence you can. This includes any ultrasound scans, blood tests, and medical bills that came up due to the birth defect. This information assists the attorney assess the worth of the case.

Product Liability

Pregnancy is one of the most exciting and nerve-wracking events in a woman's lifetime. But it's also a time where many medical professionals make mistakes that can lead to birth defects. An experienced attorney can assist parents file a claim against those who are responsible for their child's disabilities and obtain the amount of compensation they deserve.

Although the causes of birth defects are usually unknown to medical experts but a large proportion of birth defects can be attributed to exposure to chemicals or environmental factors. This may include contact by parents with toxic chemicals at the workplace, for example solvents and glycol ethers used in semiconductor manufacturing, and agricultural chemicals used for pesticides as well as spraying crops.

The pharmaceutical companies and those who prescribe medications also have a duty to inform the public about the risks. However, a significant portion of these drugs are marketed off-label to women of childbearing age without proper warnings about the potential for birth defects. This is especially true for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. He focuses his practice on cases that involve the occurrence of birth defects due to exposure of parents to toxic chemicals, including the ones used in semiconductor manufacturing and agriculture. He graduated from the American University in Washington, D.C. as well as Suffolk University Law School.