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Birth Defect Litigation

Parents want their children to be perfect However, some accidents happen outside their control. When injuries require specialized care and costly procedures, it can cause families to be faced with massive costs.

A New York birth defect lawyer can assist parents in filing an action and receive compensation to pay for Birth defect lawyers future expenses. The law has strict time limitations on when a claim can be filed.

Statute of Limitations

Modern technology and medical advances have helped reduce the risks associated with childbirth and pregnancy. Birth defects and injuries do still occur. If they're preventable families must explore their legal options.

Many birth defect lawsuits are founded on accusations of medical malpractice. These cases could involve mistakes made by doctors or nurses at any time during the birth, labor and delivery processes. Medical professionals can also be negligent following the birth of a baby in the event that they fail to provide appropriate treatment.

Generally speaking, the time limit for these cases is 2.5 years from when the act was committed of medical negligence. This time frame may be extended for infants. But, it is crucial to seek legal counsel as soon as possible to ensure that all evidence is gathered and that a timely claim can be filed.

A lawsuit may be filed on behalf of a baby for birth defects that are caused by toxic and chemical exposures during pregnancy. Specially trained birth defect lawyers can investigate and pursue these claims on behalf of the family.

Parents should consider the following aspects when choosing an attorney to represent them in a suit for birth defects or injuries:

Medical Malpractice

Birth defects can cause many mental or physical issues. Some of them may even be fatal. Some of these issues are genetic, but others are due to exposure to the environment or the use 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. The most common cases involve medical negligence during labor or delivery. They may also involve any act of failure to be in compliance with a standard of medical care, like the failure to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of this type of case is a medication called teratogens. This medication can cause serious birth defects. Doctors usually advise women not to take this medication during pregnancy. It is used to treat seizures. If women are exposed to the drug then she must submit an insurance claim.

It is important to select an attorney with experience handling these types of cases. Find a firm that is experienced in this area and operates on an on a contingency basis, meaning you don't pay anything unless you succeed. Also, you should look for a lawyer with strong negotiation and communication abilities. This will ensure that you make your claim in time before the statute of limitations expires.

Prescription Drugs

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

Pharmaceutical manufacturers are required to test their products correctly and inform the public of the potential dangers. Sadly, some pharmaceutical companies fail to keep up with research or anticipate potential side consequences. Moreover, doctors may prescribe dangerous medications to their patients and women may not receive the correct information regarding the risks associated with taking certain medications during pregnancy. These are known as teratogens. They could cause birth defects in the fetus. This includes spina Bifida.

Other substances that can cause birth defect law firms defects include chemicals that are used in manufacturing and agriculture and heavy metals such as mercury, which are contaminating the air or groundwater. Diane Paolicelli's legal profession has been focused on fighting powerful corporations who expose women to toxic chemicals and substances that can affect their reproductive health or cause birth defects.

When bringing a lawsuit against the parties responsible for your child's condition, it is important to gather as much evidence as you can. Included in this are any ultrasound images as well as blood tests and medical bills incurred due to. This information assists attorneys determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting, yet anxious experiences of a woman's lifetime. However, it's also a time when many medical professionals make mistakes that can cause birth defects. A top attorney can assist parents in submitting claims and getting the compensation they deserve from the people responsible for the disabilities of their child.

While the causes of birth defects are typically unknown to medical professionals however, many of them are linked to environmental or chemical exposure. This can include parental exposure to toxic chemicals at work, such as solvents and glycol ethers in semiconductor manufacturing, and agricultural chemicals used in crop spraying and pesticides.

Additionally, the manufacturers and those who prescribe prescription medicines are required to inform consumers of the dangers. Yet, a substantial portion of these drugs are offered off-label to women of childbearing age without warnings regarding the possibility of birth defects. This is especially relevant for antidepressants like 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 concentrates his practice on cases involving the occurrence of birth defects that result from exposure of parents to toxic chemicals, including those used in semiconductor manufacturing as well as agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.