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Birth Defect Litigation

Certain injuries are beyond the parents in their control. If these injuries require special care and costly procedures, it could cause families to incur huge costs.

A New York birth defect attorney can help parents who are grieving and file claims to obtain compensation for future expenses. However, the law imposes strict deadlines for when a claim must be filed.

Statute of Limitations

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

Many birth defect lawsuits are founded on allegations of medical malpractice. These lawsuits can result from mistakes made by doctors or nursing personnel at any stage of labor, birth and pregnancy. Medical professionals can also commit malpractice after the birth of a child if they fail provide proper treatment.

In general the statute of limitation for these cases is 2.5 years after the date of the medical mistake. The time limit can be extended to infants. However, it is essential to seek legal advice immediately to ensure that all evidence is collected and that a timely claim can be filed.

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

When choosing an attorney to represent them in a birth injury or defect lawsuit parents should consider the following characteristics:

Medical Malpractice

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

A medical professional or doctor may be accused of negligence if they cause birth defects through their actions or inaction. The majority of these cases are due to medical negligence during labor or delivery. However, they may also include any act or inability to act in excess of a medical standard of care, for instance, failing to recognize a medical issue or prescribing the wrong medicine during pregnancy.

One example involves teratogens. These drugs can result in serious birth defects. Doctors typically advise women to take this medication during pregnancy. It is used to treat seizures. If a pregnant woman is exposed to this drug, she should submit an insurance claim.

It is crucial to select an attorney who has experience in handling these types of cases. It is best to choose a firm that has experience in this field and operates on contingency basis, which means you won't be charged any fees until you win. Additionally, you should choose a lawyer who has excellent communication and negotiation abilities. This will help to ensure that you file your claim before the time limit expires.

Prescription Drugs

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

Drug makers are required to test their products thoroughly and inform the public about the potential dangers. Sadly, some pharmaceutical companies fail to keep up with the latest research or foresee potential side effects. Some doctors prescribe dangerous drugs to their patients and some women are not informed about the risks associated with taking certain medications while pregnant. These drugs are referred to as teratogens and could cause birth defects in the fetus. This includes spina Bifida.

Other substances that could cause birth defect lawyer defects are chemicals used in manufacturing and agriculture, as well as heavy metals like mercury, which are contaminating the groundwater or the air. Diane Paolicelli's legal career is dedicated to fighting powerful corporations that expose women to toxic chemicals and substances that can damage their reproductive health or cause birth defects.

When filing lawsuits against the people accountable for your child's condition it is crucial to gather as much evidence as possible. This includes any ultrasound scans, blood tests, and medical bills that arose due to the birth defect. This information assists the attorney to determine the worth of the case.

Product Liability

Pregnancy is among the most exciting, yet anxious experiences of the life of a woman. It's also the time that medical professionals are prone to making mistakes that can lead to birth defects. A reputable attorney can assist parents in filing an appeal and gaining the money they deserve from those responsible for the handicap of their child.

Medical experts aren't always able of determining the root of birth defects, however the majority of them can be attributable to environmental or chemical exposure. This could be due to contact by parents with toxic chemicals at the workplace, such as solvents and glycol ethers used in semiconductor manufacturing, and chemical pesticides used in agriculture and spraying crops.

Additionally, the manufacturers and the people who prescribe prescription medications must inform consumers of the dangers. A large number of these drugs are marketed to women who are expecting without warnings about the risk of birth defect. This is especially relevant for antidepressants like Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against chemical and pharmaceutical companies. His practice is centered around cases involving the development of birth defects caused by exposure of parents to toxic chemicals, such as those used in semiconductor manufacturing as well as agriculture. He is a graduate of American University in Washington, D.C. and Suffolk University Law School.