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Birth Defect Litigation

Parents want their children to be perfect However, some accidents happen beyond their control. When these injuries require special treatment and expensive procedures, it could cause families to incur huge costs.

A New York birth defect lawyer can assist parents who are stunned to file an appeal and obtain compensation to pay for future expenses. The law has strict deadlines on when a claim may be filed.

Statute of limitations

Modern technology and medical advancements have helped to reduce the risks associated with pregnancy and childbirth. However, birth defects and injuries do occur. When they are preventable, families must explore their legal options.

Many birth defect lawsuits are based on claims of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing staff at any time during labor, birth and pregnancy. Medical professionals can also be negligent following the birth of a baby in the event that they fail to provide appropriate treatment.

In general the statute of limitation for these cases is 2.5 years after the date of the medical malpractice. This time period may be extended for infants. However, it is important 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 child for birth defects caused by toxic and chemical exposures during the pregnancy. Specially trained birth defects lawyers can investigate these claims and bring them to trial 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 defect law firms defects can lead to a variety of mental and physical issues. Some birth defects may be fatal. Some of these problems are inherited, while others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional could be convicted of malpractice if they cause a birth defect through their actions or inaction. These cases typically are due to medical negligence during labor or delivery. However, they can be a result of any action or failure to act in excess of the medical standard of care, like failing to recognize a medical issue or prescribing the wrong medication during pregnancy.

One example involves the teratogens. These drugs can cause birth defects that are serious. When pregnant, doctors usually advise women to not take this medication, which is commonly used to treat seizures. If the woman is exposed to the drug, then she should make an insurance claim.

It is essential to select an attorney who is experienced in handling these types of cases. You should seek out an attorney who has years of experience in this field and is based on contingency, meaning that you don't pay anything until you win. Also, search for an attorney with excellent communication and negotiation skills. This will help ensure that your claim is filed before the time for filing expires.

Prescription Drugs

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

Drug manufacturers are required to ensure that their products are tested properly and inform consumers of any risks. Sadly certain pharmaceutical companies fail to keep up with research or anticipate possible side consequences. Some doctors prescribe dangerous drugs to their patients. Some women are not informed about the dangers associated with taking certain medications while pregnant. These are known as teratogens. They could cause birth defects in the fetus, such as spina bifida.

Other substances that can cause birth defects are the chemicals used in the agricultural and manufacturing industries, as well as heavy metals like mercury that can contaminate groundwater or air. Diane Paolicelli's legal profession has been focused on fighting powerful corporations that expose women to harmful chemicals and substances that may cause harm to their reproductive health and lead to birth defects.

It is crucial to collect as much evidence as you can prior to filing a lawsuit against the parties responsible. This includes ultrasound scans, blood tests, and medical bills that came up due to the birth defect. This allows the attorney to determine the worth of the case.

Product Liability

Pregnancy is among the most thrilling and stressful moments in a woman's life. However, it's also a time where many medical professionals make mistakes that could lead to birth defects. An experienced attorney can help parents bring a lawsuit against those responsible for their child's condition and receive the compensation they deserve.

While the causes of birth defects are often unknown to medical professionals but a large proportion of birth defects can be attributed to exposure to chemicals or environmental causes. This could be due to contact by parents with toxic chemicals in the workplace, for example solvents and glycol ethers used in semiconductor manufacturing, as well as agricultural chemicals used for pesticides and crop spraying.

In addition, the manufacturer and those who prescribe prescription drugs are required to inform patients of the risks. However, a significant portion of these drugs are marketed off-label to women of childbearing age without proper warnings about the possibility of birth defects. This is especially true for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defects 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 used in semiconductor manufacturing or farming. He graduated from American University in Washington, D.C. and Suffolk University Law School.