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Birth Defect Litigation

Parents want perfect children However, some injuries occur outside of their control. Families are left with a large bill when injuries require costly procedures and special care.

A New York birth defect lawyer can help stunned parents file an action and receive compensation to cover the cost of future expenses. However, the law places strict time limitations on when a claim needs to be filed.

Statute of Limitations

Modern medical technology and advances have reduced the risks associated with 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 may involve mistakes made by nurses or doctors at any point during the labor and delivery procedures. Medical professionals may also be negligent after the birth of a child by failing to provide the correct treatment.

Generally speaking, the time-limit for these cases is 2.5 years from when the act was committed of medical malpractice. For infants, the time period may be extended. But, it is crucial to seek legal advice immediately to ensure that all evidence has been collected and that a timely claim can be filed.

A lawsuit can be filed on behalf of a baby for birth defects that are caused by chemical and toxic exposures during pregnancy. Lawyers specially trained in birth defects can investigate these claims and prosecute them on behalf of the family.

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

Medical Malpractice

Birth defects can trigger many mental or physical ailments. Some birth defects may cause death. Some of these problems are inherited, whereas others are due to environmental exposures or the use of prescribed drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice when they cause birth defect lawsuit defects through their actions or inaction. Most cases involve medical negligence during the birth or labor process. However, they could also include any act or failure to act that falls short of the medical standard of care, like failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One instance of situation is a drug called teratogens. This medication can cause birth defects that are serious. When pregnant, doctors usually advise women to not take this medication, which is used to treat seizures. If women are exposed to the drug it is recommended that she submit an insurance claim.

It is vital to choose an attorney with experience in these types of cases. Find a law firm that has a specialization in this area and operates on an on a contingency basis, meaning you don't have to pay any fees unless you succeed. Choose an attorney with excellent communication and negotiation skills. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects cause mental or physical disabilities, that require costly medical treatment and accommodations for the child. Most often, these disorders are genetically inherited, but some of them are caused by chemical or environmental exposure, or by medications the mother consumed during pregnancy.

Drug manufacturers are required to ensure that their products are tested properly and warn the public of the potential dangers. Sadly many pharmaceutical companies do not keep up with research or anticipate potential side effects. Certain doctors prescribe dangerous medications to their patients, and some women aren't aware of the risks associated with taking certain drugs while pregnant. These drugs, known as teratogens, can cause birth defects, including spina-bifida in the fetus.

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

It is crucial to gather as the evidence you can before making a claim against the parties responsible. This includes any ultrasound images, blood tests and medical bills that arise because of the birth defect. This information helps the attorney assess the value of the case.

Product Liability

Pregnancy is among the most exciting, but anxiety-inducing experiences in women's lives. It's also a time where medical professionals can make mistakes that can lead to birth defects. An experienced attorney can assist parents to file a claim against the medical professionals responsible for their child's disability and acquire the proper compensation they're entitled to.

Medical experts aren't always able of determining the specific cause of birth defects, but a large number can be attributed to chemical or environmental exposure. This could include contact from parents with toxic chemicals in the workplace, such as glycolethers and solvents utilized in semiconductor manufacturing, as well as chemical pesticides used in agriculture and spraying on crops.

Manufacturers and those who prescribe medicines must also inform the public about their risks. A large number of these drugs are marketed to pregnant women without warnings of the possibility of birth defect. This is especially the case with 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 that involve the occurrence of birth defects due to exposure of parents to toxic chemicals, such as the ones used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and pandahouse.lolipop.jp Suffolk University Law School.