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Birth Defect Litigation

Parents want their children to be perfect However, some accidents happen outside their control. Families may be left with a large bill when injuries require expensive procedures and special treatment.

A New York birth defect lawyer can assist parents who are shocked to file a claim and get compensation to cover future expenses. The law has strict time limitations on when claims can be filed.

Statute of Limitations

Modern technology and medical advances have helped to reduce the risks that come with childbirth and pregnancy. However birth defects and injuries continue to occur. Families need to consider their legal options if they are preventable.

Many birth defect lawsuits stem from allegations of medical malpractice. These cases may involve errors made by nurses or doctors personnel at any stage of labor, pregnancy and birth. In addition, medical professionals can commit medical malpractice after the birth of a child, by failing to provide the proper treatment.

In general the statute of limitations in these cases are 2.5 years after the date of the medical error. For infants this can be extended. However, it is important to seek legal counsel as soon as possible to ensure that all evidence is gathered and that a timely claim be filed.

In addition to medical malpractice, a lawsuit could also be filed on behalf of a baby for birth defects caused by improper exposure to chemicals and toxic substances that occur during the mother's pregnancy. Specially trained birth defects lawyers can examine these claims and pursue them on behalf of the family.

When choosing an attorney to represent them in a birth defect or birth injury lawsuit parents should be looking for the following qualities:

Medical Malpractice

Birth defects can lead to numerous physical or mental problems. Some birth defects may cause death. Some of these issues could be caused by genetics while others are caused by exposure to the environment or prescription medications used during pregnancy.

Medical professionals or doctors can be accused of negligence when they cause birth defects through their actions or inaction. The most common cases involve medical negligence during labor or delivery. They also encompass any act of failure to be in compliance with a standard of medical care, like the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One example of situation is a drug called teratogens. It can cause birth defects that are serious. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a woman who is pregnant is exposed to this drug, she should file an insurance claim.

It is crucial to select an attorney who is experienced in handling these kinds of cases. Find a law firm that specializes in this field and operates on the basis of a contingent fee, which means you don't pay anything unless you are successful. Also, you should look for a lawyer who has excellent communication and negotiation abilities. This will help ensure that your claim is filed before the time limit expires.

Prescription Drugs

Many birth defects lead to mental or physical disabilities that require expensive medical treatment and accommodations for the child. The majority of these problems are genetically inherited, but some of them can be caused by chemical or environmental exposure, or by medications the mother consumed during pregnancy.

Drug makers are required to test their products thoroughly and warn consumers of any risks. Sadly some pharmaceutical companies fail to keep up with the latest research or anticipate potential side consequences. Furthermore, doctors may prescribe dangerous medicines to their patients and some women do not receive the correct information regarding the dangers of taking certain medications during pregnancy. These drugs are known as teratogens, and they may cause birth defects in the fetus, such as spina bifida.

Other substances that can cause birth defects are chemicals used in agriculture and manufacturing as well as heavy metals such as mercury that are contaminating groundwater or the air. Diane Paolicelli's legal career has been focused on combating powerful corporations that expose women to toxic chemicals and substances that can cause harm to their reproductive health and lead to birth defects.

It is crucial to gather as much evidence as you can prior to filing a suit against the parties responsible. This includes any blood tests, ultrasound images, and medical bills incurred due to the birth defect. This helps the attorney establish the worth of the case.

Product Liability

Pregnancy is among the most exciting and nerve-wracking events in a woman's lifetime. It's also a time when medical professionals can make mistakes that lead to birth defect lawyers defects. A top lawyer can assist parents in filing an action and obtaining the compensation they deserve from those responsible for the handicap of their child.

While the causes of birth defects are typically not understood by medical professionals however, many of them can be linked with exposure to chemicals or the environment. This can include parental contact with toxic chemicals in the workplace, like glycol ethers and solvents that are used in semiconductor manufacturing, and chemical pesticides used in agriculture and spraying of crops.

Additionally, the manufacturers and those who prescribe prescription drugs must inform patients of the risks. Yet, a large percentage of these drugs are marketed off-label to women of childbearing age without warnings regarding the risk of birth Defect lawsuit defects. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein, a partner at Thornton Law Firm, represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases where birth defects are caused by exposure to toxic chemicals in the home by parents such as those that are employed in the manufacture of semiconductors or in agriculture. He is a graduate from the American University in Washington, D.C. as well as Suffolk University Law School.