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Birth Defect Litigation

Some injuries are out of the parents of their control. When injuries require specialized treatment and costly procedures, it could cause families to be faced with massive costs.

A New York birth defect attorney can assist parents shocked to file an action to receive compensation for future expenses. The law has strict deadlines on when a claim may be filed.

Statute of limitations

Modern medical technology and advancements in medical science have aided in reducing the risks related to pregnancy, childbirth and birth. Birth defects and injuries do remain a possibility. If they're preventable, families need to explore their legal options.

Many birth defect lawsuits are founded on allegations of medical malpractice. These cases may involve errors committed by nurses or doctors staff at any time during the birth process, including labor and pregnancy. Medical professionals may also be negligent following the birth of a baby by failing to provide the correct treatment.

Generally speaking, the statute of limitations in these cases is generally 2.5 years from the date of the occurrence of medical malpractice. The time frame may be extended for infants. It is essential to speak with a lawyer as soon as you can to ensure that all the evidence is gathered and that a timely complaint can be filed.

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

Parents should take into consideration the following aspects when choosing an attorney to represent them in a lawsuit involving birth injury or defect:

Medical Malpractice

Birth defects can cause various mental and physical issues. Some birth defects can cause death. Some of these problems are inherited, while others are due to exposure to the environment or the use of prescription drugs during pregnancy.

A medical professional or doctor could be accused of malpractice in the event of causing a birth defect through their actions or inaction. These cases typically are based on medical negligence in delivery or labor. They also encompass any be in compliance with a standard of medical care, for example the failure to diagnose an illness or prescribing incorrect medication during pregnancy.

One example is involving Teratogens. These drugs can result in serious birth defects. When pregnant, doctors usually advise women to stay clear of this medication, which is commonly used to treat seizures. If women are exposed to the drug, then she should file an action.

It is crucial to select an attorney who has handled these types of cases. You should seek out an attorney who has experience in this field and works on contingency, so you won't be charged any fees until you win. Look for an attorney who has outstanding negotiation and communication skills. This will help ensure that your claim is filed before the statute of limitations 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 genetic, however some can be caused by environmental or chemical exposure, or medications that the mother took while pregnant.

Drug manufacturers are required to thoroughly test their products and warn consumers of any risks. Unfortunately, some pharmaceutical companies don't keep up-to-date with current research or fail to anticipate possible adverse effects. Some doctors prescribe dangerous drugs to their patients, and some women are not informed about the risks of taking certain medications while pregnant. These drugs, also known as teratogens, can cause birth defects such as spina-bifida that can occur 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 has dedicated her legal career to fighting powerful corporations that expose women chemicals and substances that can affect their reproductive health and lead to birth defects.

It is essential to gather as many evidences as you can before filing a suit against the responsible parties. Included in this are ultrasound images and blood tests as well as medical bills that are incurred due to. This information helps the attorney determine the value of the case.

Product Liability

Pregnancy can be one of the most exciting, but stressful experiences in a woman's lifetime. But it's also a time where medical professionals often make mistakes that can cause birth defects. A top lawyer can help parents to file a claim against the medical professionals accountable for their child's handicap and receive the amount of compensation they deserve.

While the causes of birth defects are generally unknown to medical experts, a significant number can be attributed to exposure to chemicals or environmental factors. This could include exposure of parents to toxic chemicals in the workplace such as solvents and glycol ethers in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.

The manufacturers and the people who prescribe medication must also inform the public about the dangers of their products. A large number of these drugs are offered to women who are expecting without warnings of the possibility of Birth Defect Law Firms defects. 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. His practice is centered around cases where birth defect law firms defects result from exposure to toxic chemicals by parents such as those that are employed in the manufacture of semiconductors or in agriculture. He graduated from the American University in Washington, D.C., and Suffolk University Law School.