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Birth Defect Litigation

Some injuries are beyond the parents' control. Families may be left with huge bills when these injuries require costly procedures and specialized care.

A New York birth defect lawyer can help stunned parents file an appeal and obtain compensation to cover future expenses. However, the law has strict deadlines on the time a claim has to be filed.

Statute of limitations

Modern technology and medical advances have reduced the risks associated with childbirth, pregnancy and birth. However birth defects and injuries do occur. If they're preventable families must explore their legal options.

Many birth defect lawsuits are based upon allegations of medical malpractice. These lawsuits can be based on mistakes committed by nurses or doctors at any point during the birth, labor and delivery processes. In addition medical professionals can be guilty of medical malpractice following the birth of a baby by failing to provide proper treatment.

Generally, the time-limit for these cases is 2.5 years from when the act was committed of medical malpractice. This time frame is extended for infants. But, it is crucial to seek legal counsel early enough to ensure that all evidence is collected and that a timely claim be filed.

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

Parents should be aware of the following factors when choosing an attorney to represent them in a suit for birth defects or injuries:

Medical Malpractice

Birth defects can lead to an array of physical or mental problems. Some of them could be fatal. Some of these problems may be genetic and others may be caused by environmental exposures or prescription drugs taken during pregnancy.

A doctor or medical professional could be accused of malpractice when they cause birth defects as a result of their actions or inaction. These cases usually involve medical negligence during labor or delivery. However, they may also be a result of any action or failure to act that is in violation of the medical standard of care, for instance, failing to diagnose a condition or prescribing the wrong medication during pregnancy.

One instance of case involves a medication called teratogens. This medication can cause serious birth defects. During pregnancy, doctors typically advise women to avoid taking this medication, which is used to treat seizures. If a pregnant woman is exposed to this drug, she should make a claim.

It is crucial to select an attorney who has experience in handling these types of cases. Find a firm that is experienced in this area, and works on an hourly basis, which means you don't pay anything unless you win. Also, you should look for an attorney with excellent negotiation and communication skills. This will help to ensure that you file your claim before the statute of limitation expires.

Prescription Drugs

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

Drug manufacturers are required to ensure that their products are tested properly and warn consumers of any risks. Unfortunately some pharmaceutical companies fail to keep up to date with the latest research or fail to anticipate potential adverse consequences. Moreover, doctors may prescribe dangerous drugs to their patients, and some women do not receive adequate information on the dangers of taking certain medications during pregnancy. These drugs, known as teratogens can cause birth defects, like spina-bifida in the fetus.

Other substances that can 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's legal career has been dedicated to fighting powerful corporations who expose women to harmful chemicals and substances that could affect their reproductive health or cause birth defects.

When bringing lawsuits against the parties accountable for your child's condition it is essential to gather as much evidence as you can. Included in this are ultrasound images as well as blood tests and medical bills incurred due to. This information can help attorneys determine the value of the case.

Product Liability

Pregnancy is among the most exciting, but stressful experiences in a woman's lifetime. It's also a time where many medical professionals can make mistakes that can lead to birth defects. A reputable attorney can assist parents in filing claims and getting the amount they deserve from the people responsible for the disabilities of their child.

While the causes of birth defects are usually unknown to medical professionals but a large proportion of birth defects can be linked to environmental or chemical exposure. This can include parental exposure to toxic chemicals in the workplace such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used for spraying crops and pesticides.

The manufacturers and the people who prescribe medication must also warn the public about their risks. A large portion of these drugs is marketed to women who are expecting without warnings about the risk of birth defects. This is particularly applicable to antidepressants, such as 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 involving the development of birth defects resulting from exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.